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LEGAL ISSUES

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

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LEGAL ISSUES

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  1. Liability LEGAL ISSUES CIVIL LIABILITY NEGLIGENCE

  2. NEGLIGENCE • Two Concerns • Direct Liability • Indirect Liability (Vicarious Liability)

  3. 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

  4. Indirect Liability • Seven Areas of Concern

  5. 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.2d 730 (10th 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).

  6. 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.

  7. 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.

  8. NEGLIGENCE • How do we protect ourselves? • Have a written policy • Keep current in the field • Become an expert

  9. NEGLIGENCE • How do we become experts?

  10. 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

  11. NEGLIGENCE

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