LIABILITY LEGAL ISSUES CIVIL LIABILITY NEGLIGENCE NEGLIGENCE Two
LIABILITY LEGAL ISSUES CIVIL LIABILITY NEGLIGENCE
NEGLIGENCE Two Concerns Direct Liability Indirect Liability (Vicarious Liability)
NEGLIGENCE Direct Liability Order the arrest of a person I/C orders Chemical Agents used Permit the misuse of Chemical Agents Concealment or cover-up
INDIRECT LIABILITY Seven Areas of Concern
NEGLIGENCE Negligent Training � Webster v. Heckler & Koch, Inc. , 50 Va. Cir. 103 (1999)(during training at a private facility, a ceiling collapsed after repeatedly using flashbangs. A motion for judgment notwithstanding the verdict was denied after a jury awarded damages to plaintiff officers because a duty of care existed and the jury could hear the negligence claim). Failure to Train � Zuchel v. City of Denver, 997 F. 2 d 730 (10 th Cir. 1993)(affirming a jury verdict against the Denver PD for inadequate deadly force training. The DA wrote a letter to the Chief suggesting better training, which was attached as an appendix to the opinion. The issue was not on the amount of training, but on the type of training. Specifically, the plaintiff alleged the lack of meaningful "shoot - don't shoot" training constituted a deliberate indifference to a known risk).
NEGLIGENCE Negligent Supervision Negligent supervision occurs when an employer does not provide sufficient enough supervision to ensure that employees comply with agency rules and regulation. – A deputy throws a stun grenade in a reckless manner (contrary to training and/or policy and injures a suspect. Negligent Retention An employer may be liable for its "negligence in retaining a dangerous employee who the employer knew or should have known was dangerous and likely to harm" third parties. – The chiefs son is kety on the team when he can’t pass any tests.
NEGLIGENCE Negligent Entrustment Allowing an incompetent or inexperienced person to operate equipment. - A new deputy says he has 'lots' of experience operating a gas launcher so the supervisor lets him the launcher. He then has an AD and injures another deputy. Coworker ends up with a wound. Supervisor and Agency is held liable for the injury. Negligent Assignment Supervisor knows, or should have known, that a deputy is unfit for an assignment - Deputy has been caught 'cutting corners' while operating a Bear Cat. She also tends to rush through assignments. The supervisor has told her to be more careful but there has been no official counseling or documenting of an action plan.
NEGLIGENCE How do we protect ourselves? Have a written policy Keep current in the field Become an expert
NEGLIGENCE How do we become experts?
NEGLIGENCE Journals, periodicals Books Work with chemical agents Expose yourself Expose others and study reactions Join Trade Groups Training Familiarize yourself with all products Moral Code Debrief Testify RECORD ALL EXPERIENCES
NEGLIGENCE Title Hours Date Instructor Basic SWAT Tactics 106 hrs 1975 San Diego Sheriff=s Department Explosive Ordinance Disposal 30 hrs 1975 Dept. Of the Army Chemical Agent Instructor's School 24 hrs 1978 FBI - Eugene Jones Management of Basic SWAT Training 84 hrs 1980 San Diego Sheriff=s Department Chemical Agent Seminar 24 hrs 1981 Federal Lab in Pennsylvania Urban Terrorist Activity 36 hrs 1981 Ca Dept. Of Justice Executive Protection 36 hrs 1983 Ca. Dept of Justice SWAT Advanced 24 hrs 1983 Rio Hondo College Terrorism 24 hrs 1983 National University Emergency First Responders 40 hrs 1986 Chapman College Command Tactics 24 hrs 1987 National Tactical Officers Assn. . . Crisis Management Seminar 8 hrs 1987 U. S. Dept. of Transportation 1987 Factory Seminar 8 hrs 1988 Accuracy Systems Factory Seminar 8 hrs 1990 AAI Corp. 1991 AT&F Advanced Explosives Investigations 16 hrs Factory Seminar 8 hrs 1991 Aerko Products OC Instructor School - Def Tec 8 hrs 1992 Richard Mc. Quire, Factory Rep. Chemical Agent Instructor Update 8 hrs 1993 Federal Laboratories Mutual Aid Response 8 hrs 1993 CA Office of Emergency Services Aerosol Instructor 8 hrs 1994 Body Guard-Mark I, Las Vegas Pepper. Ball Systems Instructor 4 hrs 1999 Jaycor Tactical Systems
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