Two Main Avenues
The United States constitution is a set of rights and liberties that are written into law and police officers are not above this. Police officers are in charge of protecting citizens and maintaining control but they still have to respect certain constitutional rights while enforcing laws. If a police officer does ignore a person’s constitutional rights then they open themselves up to a lawsuit. However, there are two things that a person has to be able to prove to sue an officer and hold them liable for any damages. The first avenue that a person has to pursue proof of is known as “under the color of law (staff, 2016).” What this means is that the police officer that is being sued for civil liability must have been on duty when the incident occurred. For example if a person is handcuffed and then beaten by officers, this would constitute as a reason for a civil suit. However, if a police officer is not at work and gets into a fight then there is no breach of constitutional rights. The second avenue that must be pursued to sue an officer for civil liability is that the person who wants to sue the officer has to prove that there constitutional or federal rights were ignored. For example if you were committing a crime and that was the reason for arrest then you cannot sue. However, if an officer were to arrest you for something that is not a crime like the color of your skin, then you would have a case that opens the officer up to being sued for civil liability. Considering the serious immediate danger that police officers face on a day to day basis, these officers are allowed to use force that can even be deadly when necessary. If a person is suing because of excessive force this can be difficult to prove considering the amount of discretion officers are given to decide what type of force is necessary in the situation. The main rule is that if an officer feels that he or the public is in immediate danger because the suspect they are pursuing is dangerous, then they can use whatever force is needed to keep them and the public safe (staff, 2016).
Defense
Police officers can face a civil liability lawsuit for a number of different reasons and have to be prepared to defend themselves when the allegations are not founded on truth. Some of the lawsuits that an officer might face include wrongful arrest and using more force than was needed during the arrest. When an officer is facing this type of lawsuit it is normal that the department that they work for is the one in the line of fire. This is because in civil liability cases it is the police department that will have the amount of money needed to pay for the alleged damages to the victim. In most cases the officer will have one defense known as a certain amount of immunity that protects him and possibly the department from being sued. However, in specific instances it is best that the officer and department have a good defense ready to explain why there actions were not considered to have been in breach of the persons rights (Berry, 2015).
Another defense that police officers and departments may use when facing a civil liability lawsuit is known as the privilege defense. This defense is used when the officer is willing to say that they did in fact use the force that they are being accused of. However, when using this defense the officer will next explain that the force he or she used was acceptable in the situation that they were involved in. There are a number of things that explain why the force may have been acceptable and not qualify the officer for liability. Consent is one reason that a defense may use which would provide proof that the lawsuit is invalid because the officer was given permission to use force. The other reasons an officer may use force that he or she cannot be sued for is when it is needed for protection, when attempting to constrain a suspect, defending himself or the public, Discipline and many more. The list of defenses that officers have for using force is very long and necessary because without these defenses officers would not be able to properly do their job without facing unnecessary lawsuits (Goguen, 2016).
How Civil Liability Promotes Accountability
There are many different defenses in place to protect police officers and departments when they are facing civil liability lawsuits. These defenses are in place to ensure that officers are able to do their jobs effectively without constantly facing lawsuits. However, police officers still need to maintain a certain ethical code which allows the public to trust them and not to fear them. If there were no rules and repercussions for those rules being broken, then officers could quickly let things go to their head and abuse their power and authority. Civil liability is a way that people can ensure that police officers are not able to get away with abusing the powers they are given in the cases when this is a problem. The bottom line is that civil liability makes the world safer by holding rogue officers responsible if they abuse their power and putting some control back in the publics hands. The reason that officers have to remain impartial and respect the laws is that they have the reality that they will be held accountable if they abuse their authority. Civil liability cases are a reality for officers who may consider that they are untouchable it shows them that though they are in charge they will still face being reprimanded if they abuse the authority that they have and it injures a person. It can be difficult in any case for a person to take on an entity like the police. Civil liability allows them to do so when it is necessary and be successful even though the police are very powerful. Civil liability is one of the few ways that police officers can be held accountable when they step out of the parameters and abuse the justice system for their own purposes. There are many defenses available but if the officer in question cannot prove that any of these defenses apply to him or her in the situation that is in question, a civil liability lawsuit will ensure that the officer is held accountable for the actions that they took. This ensures a healthy balance of safety and accountability for officers that have so many privileges under the law (Justice, 2016).
References
Berry, J. (2015). Personal Civil Liability for Law Enforcement Officers - The Police Law Blog. Policelawblog.com. Retrieved 28 February 2016, from http://www.policelawblog.com/blog/2015/06/personal-civil-liability-for-law-enforcement-officers.html
Goguen, D. (2016). The "Privilege" Defense to a Civil Battery Claim - AllLaw.com. AllLaw.com. Retrieved 28 February 2016, from http://www.alllaw.com/articles/nolo/personal-injury/privilege-defense-civil-battery-claim.html
Justice, A. (2016). Promote Accountability and Justice. American Association For Justice. Retrieved 28 February 2016, from https://www.justice.org/what-we-do/promote-accountability-safety
staff, F. (2016). Police Liability: Civil Liability for Police Abuse of Authority. FreeAdvice. Retrieved 28 February 2016, from http://law.freeadvice.com/government_law/civil_rights_law_ada/police-liability-abuse.htm
