legal issues civil liability negligence. two concerns direct liability indirect liability (vicarious...
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NEGLIGENCE
Direct LiabilityOrder the arrest of a personI/C orders Chemical Agents
usedPermit the misuse of Chemical
AgentsConcealment or cover-up
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).
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.
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.
NEGLIGENCE
How do we protect ourselves?Have a written policyKeep current in the fieldBecome an expert
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
NEGLIGENCETitle Hours Date Instructor
Basic SWAT Tactics 106 hrs 1975 San Diego Sheriff=s Department
Explosive Ordinance Disposal 30 hrs 1975 Dept. Of the Army
Chemical Agent Instructor's School 24 hrs 1978 FBI - Eugene Jones Management of
Basic SWAT Training 84 hrs 1980 San Diego Sheriff=s Department
Chemical Agent Seminar 24 hrs 1981 Federal Lab in Pennsylvania
Urban Terrorist Activity 36 hrs 1981 Ca Dept. Of Justice
Executive Protection 36 hrs 1983 Ca. Dept of Justice
SWAT Advanced 24 hrs 1983 Rio Hondo College
Terrorism 24 hrs 1983 National University
Emergency First Responders 40 hrs 1986 Chapman College
Command Tactics 24 hrs 1987 National Tactical Officers Assn...
Crisis Management Seminar 8 hrs 1987 U.S. Dept. of Transportation 1987
Factory Seminar 8 hrs 1988 Accuracy Systems
Factory Seminar 8 hrs 1990 AAI Corp.
Advanced Explosives Investigations 16hrs 1991 AT&F
Factory Seminar 8 hrs 1991 Aerko Products
OC Instructor School - Def Tec 8 hrs 1992 Richard McQuire, Factory Rep.
Chemical Agent Instructor Update 8 hrs 1993 Federal Laboratories
Mutual Aid Response 8 hrs 1993 CA Office of Emergency Services
Aerosol Instructor 8 hrs 1994 Body Guard-Mark I, Las Vegas
PepperBall Systems Instructor 4 hrs 1999 Jaycor Tactical Systems
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