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| Author | : John Michael Callahan |
| Publisher | : LLP |
| Total Pages | : |
| Release | : 2018 |
| Genre | : Police |
| ISBN | : 9781608851928 |
| Author | : Fontana |
| Publisher | : Aspen Publishers Online |
| Total Pages | : 3248 |
| Release | : 2006-11-13 |
| Genre | : Law |
| ISBN | : 0735565201 |
Now in a new two-volume Third Edition, Municipal Liability: Law and Practice provides insightful analysis of the civil rights statutesand—such as Sections 1981, 1982, and 1983and—and the essential Supreme Court cases, plus fully up-to-date explanations on how the courts are expanding or limiting plaintiffsand’ rights against municipalities and their public officials. It gives you clear and thorough discussions on how to establish causes of action and assert defenses, who carries the burden of proof, procedural concerns, the particular factors that different courts look for to determine liability, attorneysand’ fees, damages and much more. Potential civil rights violations by municipalities covered in this two volume resource include: E-Mail in the Workplace Fully grasp the balance between employee privacy rights and employer surveillance rights. The Electronic Communications Privacy Act (ECPA), The Wiretap Act, and The Stored Communications Act are all examined. Sample access and disclosure forms are included. Employment Discrimination Youand’ll find out how to bring an actionand—and defend against oneand— for claims under Title VII (including a detailed discussion of sexual harassment claims); The Civil Rights Act of 1991; the Age Discrimination in Employment Act (ADEA); and the Americans with Disabilities Act (ADA). Plus, several state anti-discrimination laws are discussed to illustrate new developments you need to know. First Amendment Issues Topics include about the impact on First Amendment issues involving freedom of speech, limitations on use of public property, freedom of religion, restrictions on the advertising of alcohol and cigarettes on public ways; and more. Municipal Zoning Topics include establishments that provide adult education; video arcades; the use of building moratoria to slow down development; and liability arising out of the failure to issue a building permit or properly inspect a facility before issuing a certificate of occupancy. Police Misconduct Topics include liability for police officers, supervisors and municipalities; how to show illegal searches, excessive use of force and other violations;malicious prosecution, prisonersand’ rights and freedoms; exhausting state remedies; and more.
| Author | : Wendy L. Hicks |
| Publisher | : Charles C Thomas Publisher |
| Total Pages | : 130 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 0398077606 |
The field of police vehicular pursuits is replete with complex, often conflicting, legal issues. The consequences of negligence can have far- reaching implications for law enforcement agencies as well as individuals. While this book is not an indepth legal analysis of pursuit ramifications, it provides discriminating readers with the most up-to-date guide to understanding the many legal intricacies involved with police pursuits. The text provides comprehensive examination of legal aspects underlying police department pursuits and policy considerations; exploration of liability and negligence, including municipal liability, training, breach of duty, and deliberate indifference; state tort law, including intentional tort, public duty, contributing negligence, assumption of risk, and sudden peril; federal liability law pertaining to police vehicular pursuits; the use of force involved in pursuits; and considerations of a national pursuit policy. This timely book is an exceptional resource for professionals and students of criminal justice and law enforcement in helping to understand the many intricate concepts in vehicular pursuit currently facing administrators and patrol officer in the field.
| Author | : Robert J Girod |
| Publisher | : CRC Press |
| Total Pages | : 360 |
| Release | : 2013-09-24 |
| Genre | : Law |
| ISBN | : 1466593121 |
Law enforcement agencies and their employees are continually at risk for potential liability related to torts, civil rights violations, and employment law issues. Litigation may involve suits by the public against officers and the administration, actions by the administration against officers, or actions by officers against the administration or members of the public they serve. Knowledge of these risks and understanding how they arise are essential to law enforcement officers, administrators, and their legal counsel. Police Liability and Risk Management: Torts, Civil Rights, and Employment Law is written by an attorney and a 34-year law enforcement veteran who knows his way around the streets and the courtroom. Dr. Robert J. Girod combines decades of teaching and practical experience with legal and academic education to compile this practical source of case law and risk management principles. The book is designed to help law enforcement professionals reduce police liability and avoid the risk of litigation—or, in the event a lawsuit does arise—to manage liability and defend themselves. In our litigious society, suits involving the law enforcement community are becoming a more common occurrence and can destroy an officer’s career or cast a pall on an entire department. By understanding the laws governing these types of issues, law enforcement professionals are better able to monitor the sources of liability and implement risk management strategies to shield their policies, practices, procedures, and protocols from the danger of liability.
| Author | : John J. Sullivan (J.D.) |
| Publisher | : LLP |
| Total Pages | : 0 |
| Release | : 2006 |
| Genre | : Police misconduct |
| ISBN | : 9781932777079 |
Designed to Conform to the NYS Curriculum for Police Training Question and Answer format. Key court decisions are discussed. Topics Include: Use of Force, Negligence, High Speed Auto Chase, Assault and Battery, False Arrest, Malicious Prosecution, Off-Duty Situations, Civil Rights, Indemnification Laws, Municipal Liability, Search & Seizure, Officers' Rights, Definitions, Roadblocks, "Special Relationships," Jail Management, Supervisor's Liabilities, 911 Calls, "1983 Actions," and Federal Criminal Laws.
| Author | : Fontana |
| Publisher | : Wolters Kluwer |
| Total Pages | : 2820 |
| Release | : 1999-12-01 |
| Genre | : Law |
| ISBN | : 0735513457 |
| Author | : Martin Lockman |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2022 |
| Genre | : |
| ISBN | : |
If states delegate authority to municipalities, when should they be required to remedy municipal violations of federal rights?Although the question may seem straightforward, it is one that has resisted analysis. Even in the face of violations of federal rights, courts have been hesitant to modify or supervise state delegations of power to municipalities. Academia has struggled to identify common threads in the few decisions ordering such relief, in part due to the diverse circumstances in which states have been found liable for municipal violations of federal law. No coherent doctrine has emerged.This Note proposes an answer to this important question: that courts should adopt a standard for judging state supervision of municipal delegations analogous to the standards for “supervisory liability” under U.S.C. § 1983, as developed by Monell v. Dep't of Soc. Servs. of New York and subsequent case law. Specifically, this Note proposes that a state officer's action or inaction should be considered a violation of federal law for the purposes of seeking injunctive relief when the officer's supervision of delegated municipal power demonstrates a deliberate indifference to municipal violations of federal rights. Further, this Note argues that a number of courts have already applied an analogous standard, and could easily adopt a doctrine explicitly based on supervisory liability within the bounds of established precedent.Part I of this Note defines and describes the targeted context, provides examples of state/municipal delegation, discusses the underlying tension between vindicating federal rights and respecting states' rights to structure their own internal governance, and observes that courts have taken a nuanced approach to resolving this tension analogous to § 1983's standards supervisory liability. Part II describes judicial approaches to state/municipal liability and analyzes two proposed theoretical frameworks. Part III examines the history and function of § 1983's “supervisory liability” standards, looks at recent state/municipal delegation cases through the lens of supervisory liability, and argues for the adoption of an analogous standard to govern state/municipal delegation.
| Author | : William B. Melnicoe |
| Publisher | : Prentice Hall |
| Total Pages | : 344 |
| Release | : 1978 |
| Genre | : Business & Economics |
| ISBN | : |
This volume presents contemporary thinking in the field of police supervision and covers advances in supervisory techniques, with special emphasis on the unique problems of police officers. Proper implementation of policies and procedures rests with the supervisors of law enforcement agencies. Accordingly, the practical elements of the police supervisory function are outlined, with attention to the police environment, the supervisor's role in management, the selection of supervisors, the psychological aspects of supervision, motivation, leadership, morale, the role of employee groups and organizations, discipline, communication, counseling and interviewing, complaints and grievances, decision making and planning, work planning, performance appraisal, women supervisors, and the supervisory training function. The following materials are appended: an example of a general order regarding complaints of police misconduct; a complaint form used by the Oakland, California, Police Department; a personnel evaluation form; an example of a general order regarding permanent employment status; an outline of the supervisory training course used by the Municipal Police Training Council of the state of New York; a supervisor's rating scale, a form for rating supervisors, and a self-analysis questionnaire for supervisors used in a California program for police officers' training; a field training guide used by the Oakland, California, Police Department; and course and program curriculums meeting training specifications and standards for California police officers. Reference notes and discussion questions are provided at the close of each chapter. An index is included.
| Author | : Dennis M. Payne |
| Publisher | : |
| Total Pages | : 256 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : |
Police Liability: Lawsuits Against the Police provides insights and directions for police managers and trainers as they cope with liability suits filed against their agencies. The book encourages them to develop stronger and more meaningful policies, improved training, closer supervision, and more accountable discipline. Payne provides the readers with a detailed review of general police liability followed by a detailed review of 53 actual cases litigated against the police. Actual cases are presented in the chapters "Police Use of Force," "Police Pursuits," "General Police Procedures," and "Police Procedures when Conducting Homicide Investigations." Each of these chapters includes a review of relevant literature and case law, followed by the cases in point. The 53 cases are presented in three parts: an outline of the facts, critical issues and factors involved, and the author's commentary and recommendations for the police. The analyses presented in this book highlight strengths and weaknesses in police responses to actual incidents. Readers are provided with sufficient insights to change agency practices that lead to law suits and identify training issues to enhance police response to the focal areas covered in the book. "Payne has presented an excellent text for both the practitioner and the academian... After reading this text, I reviewed numerous cases involving the four areas examined by Payne and found the very issues presented in the text in real cases within my agency and in several surrounding communities. It is for this reason, and the user-friendly format of the text, that I strongly recommend this book for every member of the law enforcement community. I also feel that the text would be an excellent supplement to supervision curricula, leadership training, and law enforcement courses." -- William W. Johnson, Sr., Gloucester City (New Jersey) Police Department, Criminal Justice Review, Spring 2004
| Author | : Victor E. Kappeler |
| Publisher | : Waveland Press |
| Total Pages | : 272 |
| Release | : 2006-02-24 |
| Genre | : Social Science |
| ISBN | : 1478609192 |
Building on the strength of previous editions, the fourth edition presents a well-conceived, clearly stated analysis of complex issues confronting law enforcement officers and administrators. Law enforcement duties sometimes place police officers in vulnerable positions regarding their legal obligations and expose them to charges of misconduct. Civil liability is an extremely expensive proposition for police officers, law enforcement agencies, governments, andultimatelytaxpayers. Although substantial resources are often expended by the justice system to resolve liability cases, there are benefits to citizens. When the government assumes the responsibility to provide service or to protect the public, people injured by inadequate performance of those responsibilities deserve compensation; innocent parties who suffer injury should have an avenue for redress. The potential for litigation has been an impetus for better training and more responsible practices. Another excellent resource on the topic, Kappelers edited volume of Supreme Court cases, Police Civil Liability, Second Edition, allows students to understand firsthand the legal reasoning behind Court decisions dealing with these same issues.
