Particularly in the high risk, high liability areas of law enforcement, police managers must constantly battle the threat of civil liability. Injury and death are daily concerns. Today, lawsuits question whether a law enforcement agency has responsibly planned and managed a broad array of operational and administrative dynamics. The agency’s written policies are challenged and its programs of training, supervision and discipline are closely scrutinized. If police officials have not dealt adequately with these matters, supervisory liability, liability for negligent training, and municipal liability will follow. Through responsible and systematic planning and administration, law enforcement managers can minimize the potential for officer misconduct and virtually eliminate the threat of supervisory and municipal liability.
While emphasizing risk exposure generated by the actions of individual police officers, there is also discussion of liability for improper hiring, training, supervision and discipline; governmental policy and custom liability; causation, defenses, damages, attorneys’ fees and settlement philosophy. The instructor will analyze and explain theories and trends in federal civil rights litigation. Particular emphasis will be placed on the practical realities of day-to-day police work, merging the dynamics of 21st century policing with the need for protection of constitutional and human rights. The program orientation will be positive and proactive. Program theme: Planning to win!
Topics include:
Risk Management Philosophy and Dynamics
Risk Identification and Prioritization
Litigation Trends: Understanding the “Battlefield”
Understanding the “Enemy”: Plaintiffs’ Lawyers and Experts
Settlement Philosophy: The Dawning of a New Age
Balancing of Risks
Tips for Damage Control
Policy Development and Implementation
Consequences of Lack of Policy
Keys to Making Policy Work
Achieving “Buy-In”: Supervisors as Risk Managers
Baseline Competency Testing: Cognitive Qualifications
Achieving Disciplinary Goals: Punishment or Compliance?
Low Cost-High Yield Training Initiatives
Developing and Prioritizing a Risk Management System
High Risk Personnel Administration
Early Warning Signs and Systems
Proactive Disciplinary Tools