LEGAL ISSUESCIVIL LIABILITY

NEGLIGENCE

LIABILITY

NEGLIGENCE

Two ConcernsDirect LiabilityIndirect Liability (Vicarious Liability)

NEGLIGENCE

Direct LiabilityOrder the arrest of a personI/C orders Chemical Agents

usedPermit the misuse of Chemical

AgentsConcealment or cover-up

INDIRECT LIABILITY Seven Areas of Concern

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

How do we become experts?

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