OFFICER LIABILITY
The Seven Most Common
Areas of Officer Liability

Failure to protect a citizen

Failure to enforce a court order

Failure to respond in a timely manner

Failure to provide information to a victim

Arresting without probable cause

Exhibiting a pattern of differential treatment

Inadequately trained officers.
Thurman vs. City of Torrington
Liability Issues (1)
Law Enforcement Component, p. 3

Calloway v. Kinkelaar (1995)
Liability Issues (2)
Law Enforcement Component, p. 3

Moore v. Green (2006)
Liability Issues (3)
Law Enforcement Component, p. 3

Beyer v. Joliet (2009)
Officer Liability
In 1996 and 2006 the Illinois Supreme Court
ruled an officer can be held liable for money
damages if the officer fails to act to protect
victim of domestic violence.
Officer Liability
When in doubt,
ACT to protect the victim.
Lawsuits for Failing
to Adequately Train Officers

City of Canton, Ohio vs.
Harris (109 S. Ct. 1197
(1989))

Ricketts vs. Columbia (No.
90-4099-CV-C66BA (US
Dist. Ct. W.D. Mo))
Negligence

Duty
 Breach of Duty
 Proximate Cause
 Damages
• Compensatory
• Punitive
What is the
Public Duty Rule?
What is
Special Duty?
Mastroianni v. County of Suffolk
668 N.Y.2d 542 (1997)
Police Liability in IDVA (1)
(750 ILCS 60/305)

Any act of omission or commission by any
law enforcement officer acting in good
faith in rendering emergency assistance
or otherwise enforcing this Act shall not
impose civil liability upon the law
enforcement officer or his or her
supervisor or employer, unless the act is
a result of willful or wanton misconduct.
IDVA Policy Liability (2)

Willful or wanton conduct is defined
as “action” which if not intentional,
shows an utter indifference to or
conscious disregard for “the safety of
oneself or others”.
Castle Rock v. Gonzalez
125 S. Ct. 2796 (2005)
Special Duty related to the IDVA
Domestic violence legislation and special
victim legislation creates an exception to
old rules – creates a special duty.
Calloway v. Kinkelaar
168 Ill 2d 312 (1995)
When Can Supervisors
Be Held Liable?
How Can We Reduce the
Potential Exposure
to Lawsuits? (1)

Review policy

Adopt a legal policy

Monitor compliance

Review actions/reports

Provide training
How Can We Reduce the
Potential Exposure
to Lawsuits? (2)

Relevant laws

New legislation = policy
changes

Document DV
arrests/homicides.
Law Enforcement
Responsibilities
Use all reasonable means
to prevent further abuse
What is the Impact of Positive
Law Enforcement Response?
Impact of a Positive
Law Enforcement Response (2)

Domestic violence is a crime

Holds batterers accountable

Supports the victim

Coordinated community response
Impact of a Positive
Law Enforcement Response (3)
How does arresting
the batterer affect the case?
The Meaning of “SHALL”

If you do not comply, you’re not following
the law.

If you are not following the law, you are not
covered by immunity.

If you are not immune, you are susceptible
to law suits.

You MUST do it!
Arrest
The responding officer must arrest the
suspect whenever an arrest is mandated.
Mandatory/Pro Arrest
An officer SHALL arrest predominant physical
aggressor if there is probable cause.
Why Strict Arrest Laws?
Victims are in danger
if the batterer isn’t removed
What is
Probable Cause?
“The combination of facts & circumstances
that leads a law enforcement officer to believe
that a crime has been committed.”
Absence
of Probable Cause
NEVER
leave the scene
using threatening words
What Do You NOT Consider
in the Arrest Decision? (1)
 Claims that victim provoked the violence
 Mental health of victim or suspect
 Verbal assurances that violence will stop
 Ownership/tenancy rights of shared residence
DO NOT Consider
in the Arrest Decision (2)

Drug or alcohol use

Denial of abuse

Uncooperative victim

Marital/Financial status
of the parties involved
Dual Arrest

Inappropriate Dual Arrests =
Increased Liability

False Arrest = Civil Jeopardy
Exigent Circumstances (1)

Emergency situations

“Objective Reasonableness”
Exigent Circumstances (2)

Good faith basis to search a house
to look for a victim/suspect, protects
you from liability

If a victim is bleeding to death in
a room of a house where you
were on the scene and did not
locate her … hire a lawyer!
Training Exercise 1
Handling the Call:
Domestic Violence Vignettes
Scene 6
“She Almost Killed Me”
Training Exercise 2
Handling the Call:
Domestic Violence Vignettes
Stalking Scenario
“Everywhere I Go There He Is –
Am I Losing My Mind?”
Acknowledgements
Resources provided by:
- Mark Wynn, Wynn Consulting –
www.markwynn.com
- 4th Judicial Circuit FVCC Law
Enforcement Committee
- OVW Rural Grant Committee,
4th Judicial Circuit
- Law Enforcement Resource Center &
Minnesota Program Development, Inc., 2000
This project was supported by Grant #2011-WE-AX-0055, awarded
by the Office on Violence Against Women, U.S. Department of
Justice, through the Illinois Violence Prevention Authority.
The original project was supported by Grant # 2008-WR-AX-0016,
awarded by the Office on Violence Against Women, U.S.
Department of Justice, through the Illinois Criminal Justice
Information Authority.
Points of view, opinions, findings, conclusions or recommendations
contained within this document are those of the author and do not
necessarily represent the official position or policies of the U.S.
Department of Justice, Office on Violence Against Women, Illinois
Violence Prevention Authority, or the Illinois Criminal Justice
Information Authority.