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Book Supervisory and Municipal Liability in Law Enforcement

Download or read book Supervisory and Municipal Liability in Law Enforcement written by John Michael Callahan and published by LLP. This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Municipal Liability

    Book Details:
  • Author : Fontana
  • Publisher : Aspen Publishers Online
  • Release : 2006-11-13
  • ISBN : 0735565201
  • Pages : 3248 pages

Download or read book Municipal Liability written by Fontana and published by Aspen Publishers Online. This book was released on 2006-11-13 with total page 3248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Police Vehicular Pursuits

    Book Details:
  • Author : Wendy L. Hicks
  • Publisher : Charles C Thomas Publisher
  • Release : 2007
  • ISBN : 0398077606
  • Pages : 130 pages

Download or read book Police Vehicular Pursuits written by Wendy L. Hicks and published by Charles C Thomas Publisher. This book was released on 2007 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Police Liability and Risk Management

Download or read book Police Liability and Risk Management written by Robert J Girod and published by CRC Press. This book was released on 2013-09-24 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Civil Liabilities of New York State Law Enforcement Officers

Download or read book Civil Liabilities of New York State Law Enforcement Officers written by John J. Sullivan (J.D.) and published by LLP. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Municipal Liability  Law and Practice

Download or read book Municipal Liability Law and Practice written by Fontana and published by Wolters Kluwer. This book was released on 1999-12-01 with total page 2820 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Emerging Doctrine of State Municipal Liability

Download or read book The Emerging Doctrine of State Municipal Liability written by Martin Lockman and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Elements of Police Supervision

Download or read book Elements of Police Supervision written by William B. Melnicoe and published by Prentice Hall. This book was released on 1978 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Critical Issues in Police Civil Liability

Download or read book Critical Issues in Police Civil Liability written by Victor E. Kappeler and published by Waveland Press. This book was released on 2006-02-24 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Basic Handbook of Police Supervision  A Practical Guide for Law Enforcement Supervisors

Download or read book Basic Handbook of Police Supervision A Practical Guide for Law Enforcement Supervisors written by Gerald W. Garner and published by Charles C Thomas Publisher. This book was released on 2022-02-23 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated handbook provides reliable guidance on what to do next and offers practical, no-frills advice about what to do to counter the day-to-day challenges and outright calamities that make up the first-line leader’s work life. Perhaps even more important, it offers time-proven recommendations on how to prevent a bothersome situation from escalating into crisis proportions in the first place. It will prove equally useful to the veteran, novice or future law enforcement supervisor. Its sound advice will help him retain his emotional as well as physical and moral health in a real-world environment that seems to become more challenging every day. It will help him to lead and bring his people to share his practices and beliefs in doing a very critical job the right way. Just as it should be, the handbook is short on theory and long on “how to” advice. It is literally a resource that the supervisor can tuck into an equipment bag or otherwise keep close at hand. It likewise will aid him in carrying out the very practical tasks of communicating effectively; evaluating employee performance, correcting inappropriate behavior and helping his officers survive both on the street and in the police organization. A new chapter has been added on the topic of how to lead successfully during the current, very challenging environment for law enforcement, entitled “How to Lead During Challenging Times.” Summary boxes have been interspersed throughout the text that emphasize important points for police leaders to remember. Meanwhile, the handbook will assist the law enforcement leader in working well with his own boss and planning his own career. There is no job description in the world quite like that of first-line law enforcement boss. The job is as unique as it is difficult and vital to the success of any successful police organization. This book will help them become even better at their very important job.

Book Police Civil Liability

Download or read book Police Civil Liability written by Victor E. Kappeler and published by Waveland Press. This book was released on 2006-02-24 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thirty-five Supreme Court cases in the second edition provide a solid, accessible foundation for understanding civil liability law and its impact on policing operations and management. This convenient resource also includes a brief review of the basics of judicial reasoning and a short introduction on how to brief cases. These materials and the discussion questions at the end of each section help readers understand the process of legal inquiry and analysis and the changing nature of police civil liability law. An excellent complement to Kappelers text Critical Issues in Police Civil Liability, Fourth Edition!

Book Effective Police Supervision   Sixth Edition

Download or read book Effective Police Supervision Sixth Edition written by More, Harry W.; Miller, Larry S. and published by Anderson. This book was released on 2010-12-29 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: When a police organization is successful, it is because management is exceptional. Managerial experts acknowledge that the fulcrum of managerial effectiveness is at the level of the first-line supervisor. The best law enforce- ment agencies view the supervisor as an integral part of the managerial process.

Book The Rights of Law Enforcement Officers

Download or read book The Rights of Law Enforcement Officers written by Will Aitchison and published by LRIS Publications. This book was released on 2015-05-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Revisionist Municipal Liability

Download or read book Revisionist Municipal Liability written by Avidan Cover and published by . This book was released on 2017 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current constitutional torts system under 42 U.S.C. § 1983 affords little relief to victims of government wrongdoing. Victims of police brutality seeking accountability and compensation from local police departments find their remedies severely limited because the municipal liability doctrine demands plaintiffs meet near-impossible standards of proof relating to policies and causation.The article provides a revisionist historical account of the Supreme Court's municipal liability doctrine's origins. Most private litigants' claims for damages against cities or police departments do not implicate the doctrine's early federalism concerns over protracted federal judicial interference with local governance. Meanwhile the federal government imposes extensive reforms on local police departments through the Violent Crime Control and Law Enforcement Act, 42 U.S.C. § 14141. The resulting system of bifurcated municipal liability for police misconduct ignores history. It permits government-initiated systemic, injunctive relief claims to flow readily, but effectively bans individual victims' discrete damages claims. The article proposes making it easier to sue local governments for police brutality. Reducing the standard for damages relief does not offend federalism principles and realizes objectives critical to the constitutional remedial system: compensation, trust, vindication of rights, and appropriate assignment of responsibility. The article proposes a remedial scheme authorizing civil actions for police brutality victims against local governments for (1) a pattern or practice of local government police misconduct, and (2) isolated instances where a local police department lacks a policy, of which there is national consensus by other local departments that the policy is necessary to prevent a particular constitutional harm. The proposal also expands the potential for individual officer liability when the local police department has a specific policy in place aimed at preventing wrongdoing that the officer ignores.

Book Effective Police Supervision Study Guide

Download or read book Effective Police Supervision Study Guide written by Larry S. Miller and published by Routledge. This book was released on 2014-01-20 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good police officers are often promoted into supervisory positions with little or no training for what makes a good manager. Effective Police Supervision provides readers with an understanding of the group behaviors and organizational dynamics necessary to understand the fundamentals of police administration. The Effective Police Supervision Study Guide, which includes quizzes and other study tools, gives students, as well as professionals training for promotional exams, a way to review the material and be fully prepared for examinations and the world of police supervision. This new edition, like the new edition of the textbook it accompanies, includes information on the following topics: police accountability, police involvement with news media, dealing with social media, updates on legal considerations, and avoiding scandals. Updated to coincide precisely with the 7th edition of Effective Police Supervision Each chapter includes learning objectives, key terms, chapter summaries, and review questions Includes access to the instructor and companion sites for Effective Police Supervision

Book Police Misconduct

Download or read book Police Misconduct written by Wayne C. Beyer and published by . This book was released on 2018 with total page 1498 pages. Available in PDF, EPUB and Kindle. Book excerpt: