Detective Bill Napier
S.P.S.C Class # 9
Professor Lawver
16 October 2000
Police Pursuit Policies
Due to the growing number of police pursuits in the United States,
administrators have been forced to review and improve their departmental
policies, training and supervision to minimize injuries and increase the level of
safety to citizens and officers involved.
I. Introduction
a. Define pursuit
b. Illustrate the issues involved
c. Factors to look at in policy, training and supervision
1. Debate, courts, research and new technology
d. Thesis
1. Precise policies, adequate supervision and proper training are factors which will
help eliminate the controversy over police pursuits and ensure the safe
apprehension of the violator
II. Research Debate: Pursue vs. Don’t Pursue
a. Pursue
1. Need to enforce laws and apprehend law violators
2. Restricted pursuits would lead to chaos and disregard of authority
3. Officer witnesses the violation and observes the individual responsible
b. Don’t Pursue
1. Importance of public safety
2. Unacceptable number casualties
3. Value of human life
4. Civil litigation and possible criminal charges if proven negligent
III. Court Cases-Court’s View
a. City of Lansing v. Hathaway (1937)
b. Draper v. City of Los Angeles (1949)
c. Mckay v. Hargis (1958)
d. Stanton v. New York (1967)
e. Reed v. City of Winter Park (1971)
f. Bailey v. L W Edison Charitable Foundation of Grand Rapids (1972)
g. Marion v. City of Flint (1976)
h. Gibson v. City of Pasadena (1978)
i. Fiser v. City of Ann Arbor (1981)
j. Tennessee v. Garner (1985)
k. Dent v. City of Dallas (1986)
l. Brower v. Inyo County (1989)
IV. Types of Policy
a. Judgmental
b. Restrictive
c. Discouragement
V. Policy
a. Types of policy
b. Issues
c. Tactics
d. Administrative role/supervision
VI. Training
a. Certification
b. Knowledge of rules/policy and what is expected/supervision
c. Defensive driving technical skills
d. Limits of ability
e. Environmental factors
f. Computer assisted training in simulators
g. High speed driving skills
h. Refresher training and testing
i. Balance of risk vs. apprehension
VII. Conclusion
a. Restate thesis
b. Review the use of:
1. Debate
2. Courts
3. Research
4. Policy
5. Training
Police Pursuit Policies
Due to the growing controversy of police pursuits in America, police
administrators have been forced to review and improve their department policies,
training and supervision. Pursuits cause several problems for administrators
ranging from lawsuits at times costing millions of dollars to loss of public trust.
Police pursuits begin with the officer in the field and his or her decision to pursue.
Administrators must and should provide clear precise policies to guide the officer
in this critical decision. The police administrator must provide extensive training
and proper supervision to ensure a clear understanding of the department’s
philosophy. Administrators must look at several factors including what type of
policy to implement, what the policy’s content should be, the precedents the
courts have established and the technology a long research that law enforcement
professionals and experts have conducted.
Police pursuits have grown in number and frequency since the 1960’s.
Alpert and Madden (1994) provides a brief history of the rationale on police
pursuits in the 1960’s when the accepted and practiced rationale was to
apprehend suspects at all costs. Then in the 1970’s, concern arose due to the
increased number of accidents, injuries and deaths caused by police pursuits.
Administrators addressed the concern by providing training in defensive driving.
The rationale in the 1980’s moved from enforcing all laws to a concern over the
public’s safety and reducing accidents caused by police pursuits, which involved
innocent bystanders. Administrators began to develop policies, training and
systems of accountability. In the 1990’s, administrators began to balance the
need to enforce laws with public safety by an increase in leadership,
implementing policies, supervision and training which included decision-making
skills.
Before an administrator can make any decisions on pursuits, he or she
must look at the issue as a whole and decide where the department stands.
There are many arguments supporting pursuits and just as many against
pursuits. Alpert (1987) states that an officer’s ability to pursue offenders is a vital
part of the deterrence factor. If an offender knows that he or she can’t be pursued
by an officer, then there is nothing to stop the offender from disregarding the
officer's authority. The argument for this side is that if police were restricted from
pursuing offenders the result would be chaos on the roads. This side believes the
officer’s duty to enforce the law is of the utmost importance. In a pursuit, an
officer is both witnessing the violation, but also observing the individual which
provides for easy identification and arrest. Barth (1981) argues that the greater
the speed of the offender, the greater the danger to the public, therefore the
greater the need for apprehension.
Alpert (1987) shows an argument against police pursuits by stating
pursuits result in an unacceptable number of casualties. Alpert (1987) also states
that human life is much too valuable to be jeopardized by a police tactic which is
unproven. Public safety is the major argument against pursuits. Beckman (1983)
states an argument that no circumstance would justify putting a human life in
danger. The sensible answer lies somewhere in between. Officers must be able
to perform their duties, and act with due care, for the well being of the public.
Though it is not a formal decision, administrators must view both sides and
decide what arguments have value behind them and which do not. The
administrators must be open minded, but also consider what is best for the
department and the community.
A police administrator’s worst nightmare is finding out their department
has just been found negligent for a pursuit in which innocent people were killed
or maimed. A single lawsuit for a pursuit can cost millions of dollars and drain the
department’s resources. Along with large losses of money comes a public
distrust of the department. Administrators must look at what precedence the
courts have established and find out what they are required to have in their
pursuit policy to protect the department from lawsuits. A proper policy followed
correctly by an officer who acts with due care will free departments from any
negligence.
Lawsuits over police pursuits can be found all the way back to the 1930’s.
City of Lansing v. Hathaway (1937), is one of the earliest cases dealing with
driving an emergency vehicle and the safety of the public. In this case the City of
Lansing was seeking to recover expenses to repair a fire truck and for the injured
firefighters, which were the result of a collision with Hathaway’s automobile.
Hathaway was proceeding through an intersection with the green light in his favor
when he was struck by the fire truck. The court held that Hathaway was not
negligent due to the fact that he acted as any citizen would. The court also ruled
that the city had a duty to respond in a reasonable regard and was responsible
for the safety of others while driving an emergency vehicle. Although this case is
outdated, administrators should take note to the fact that the court ruled they
must act in a way to ensure the safety of citizens. Administrators will see this
concern over and over again.
As years went on, the cases began to get more complex. Innocent citizens
were beginning to take cities to court because a vehicle fleeing from police struck
them.
Draper v. City of Los Angeles (1949) was one of the earliest cases dealing
with a third party. In this case police were pursuing Howard Pratt, who was
driving a stolen car when Pratt ran a stop sign and struck Draper’s car. Draper
claimed the police did not drive with regard for the safety of others and forced
Pratt through the intersection. The officers testified that they were at least 275
feet from Pratt when he entered the intersection and that they had slowed down
enough to safely stop at the intersection and go around a car. The court ruled
that the officers were not required to warn citizens of Pratt’s driving and that the
officers did not owe any duty to Draper other than to operate their vehicle with
due regard. Pratt was found as the sole cause of the accident.
Administrators should take note to the fact that officers do not owe any
duty to the citizens other than to operate their vehicle under due regard. In the
case of Dent v. City of Dallas (1986), the court ruled, “Negligence cannot exist
unless there is a duty owed to the injured person; where no duty is owed to that
person, no legal liability can arise on account of negligence.” Administrators also
must realize that the department will be the one sued in cases such as these
because the plaintiff believes the department has all the money, therefore the
department was at fault.
Marion v. Flint (1976), is very similar to the Draper case in that Marion was
also struck by a car fleeing from police. In this case the court refers to the
Michigan statutes which define the special standards applied to operators of
emergency vehicles:
MCLA 257.603 (b); MSA 9.2303 (b). The driver of an authorized emergency
vehicle when responding to an emergency call, but not returning there from, may
exercise the privileges set forth i n this section, but subject to the conditions
herein stated. (C) The driver of an authorized emergency vehicle may 2. Proceed
past a red or stop signal or stop sign, but only after slowing down as may be
necessary for safe operation. 3. Exceed the prima facie speed limits so long as
he does not endanger life or property.
Administrators should take notice that the statutes include the “safe operation”
and “not endanger life or property” after each privilege. A major portion of a
policy and associated training should deal with this issue. Marion also claimed
that the officers were negligent due to not acting under their statutory duty. The
court used the decision of Mckay v. Hargis (1958), to find whether the officers
accused of misconduct had breached their statutory duty. Mckay v. Hargis
(1958), states: “We know of no better standard by which to determine a claim of
negligence on the part of a police officer than by comparing his conduct, as this
circuit judge suggested, to ‘that care which a reasonable prudent man would
exercise in the discharge of official duties of like nature under like
circumstances.’” The courts also refer to several other cases which officers were
protected by statute when observing standards of due care, Stanton v. New York
(1967), Reed V. City of Winter Park (1971), and Bailey v. L W Edison Charitable
Foundation of Grand Rapids (1972). The court held that the officers acted within
statutory limits and acted as reasonably and carefully as any other officer could
have.
Officers do not always act under the statutes when pursuits occur as these
cases seem to represent. Fiser v. City of Ann Arbor (1981) is a case in which the
officer was found to have shown disregard for traffic and other environmental
factors. The court held that the officer did not exhibit due care for the safety of
the public. In their decision, the court used Gibson v. City of Pasadena (1978), in
which officers pursued a violator through 25 intersections, 12 of which had traffic
signals, at speeds exceeding 100 miles per hour. In this case, the officers’
actions were the basis for negligence. An administrator must understand what
the courts look at when determining reasonableness and due care. Courts will
consider factors such as speed through intersections, road and weather
conditions, the view of traffic, and the need for emergency response (Payne and
Corley, 1994). Once the court determines reasonableness, evidence must show
a duty to the injured party for negligence to exist (Payne and Corley, 1994).
Administrators must also be aware of the precedence the courts have set
on pursuit tactics. Brower v. Inyo County (1989) is a case dealing with
roadblocks. In this case, Brower was fleeing from police in a stolen car. In order
to stop Brower the police set up a road block, which was around a curve and had
headlights facing the direction of Brower to blind him as he came around the
curve. Brower died by crashing into the roadblock. The courts ruled this
roadblock to be a Fourth Amendment seizure because Brower had no way to get
around it. In their holding, the courts referred to Tennessee v. Garner (1985),
which set the precedence for deadly force. Under Tennessee v. Garner (1985),
the courts ruled that deadly force could only be used in the case of a life
threatening felony. Brower stealing a car was not a life threatening felony.
Ramming has also been ruled a Fourth Amendment seizure, and may only be
used in the event of a life threatening felony (Britz and Payne, 1994).
Administrators must take note of these rulings when developing a policy which
includes the information on when officers can use deadly force tactics.
The trend recently has been that courts are holding individual officers,
departments and municipal governments liable for their actions (Payne and
Corley, 1994). Administrators must understand the court cases and know what is
required of the departments and the officer pursuing. Through good
communications, having a strong policy and training, administrators can provide
this information and safeguard themselves from any liability.
Research on pursuits is an invaluable resource to police administrators.
By reviewing research, administrators can view pursuits from all angles.
Administrators must consider all elements of pursuit before they complete and
implement their policy. Research can provide administrators with knowledge on
pursuits, which can guide their decisions on what to include in their policy. The
U.S. Department of Transportation study of 1970 set the tone for research on
pursuits. The study concluded that every year between 50,000 and 500,000 “hot”
pursuits occur, 6,000 to 8,000 of the pursuits ended in accidents, 300 to 400
people were killed, and 2,500 to 5,000 people were injured. The report also
stated that 90 percent of the pursuits were initially started by traffic violations.
The suspects were most likely to be male, under age 24, and with a poor-driving
record. Alcohol played a role in over 50 percent of the pursuits, and the majority
occurred at night. The Physicians for Automotive Safety conducted a similar
study. The study’s conclusions for the reasons of pursuits were:
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Traffic offense or mere suspicion 50 percent
Non violent crime 6 percent
Stolen vehicle 20 percent
Leaving accident scene 20 percent
Response to complaint 2 percent
Suspicion of violent crime 1 percent
Not stated 18 percent
The study concluded that out of the 518 pursuits, 118 ended in fatalities, 272
ended in major injuries, and 237 ended in a minor injury. They also found that
seventy percent of the pursuits resulted with an accident injuring either someone
involved in the pursuit or a bystander. These studies provide administrators with
profiles of pursuits and why they occur. It is up to them to judge the reliability of
the research and its sample. These findings may assist administrators in deciding
what procedures to include or exclude in their policy.
To have a policy which is efficient, those who read the policy and act on it
must have the same understanding as those who wrote it. Britz and Payne
(1994) addressed this issue in their research. They found that significant
differences existed between officer’s views on their policy and administrators
views. Officers were more likely to view policy as restrictive, and felt it
discouraged pursuits while administrators were the least likely to feel the policy
was restrictive. Britz and Payne (1994), also found that officers believed they had
been adequately trained in pursuits while the administrators were less confident.
The officer also felt that their supervisors would not support their decisions in
pursuits. This study presents a problem in pursuits and pursuit policy. A clear
understanding of the policy must be present throughout the whole department to
avoid negative outcomes. If officers view the policy as stating one thing and the
administrators view it as saying another, then major problems can exist.
Administrators must clearly describe the department’s philosophy on pursuits to
the officers so that they all share the same understanding. Through proper
communication and supervision a cohesive understanding can exist, and officers
can operate knowing they have support.
While administrators must look within their department for viewpoints on
pursuit policy they must also look outside the department to the public’s views on
pursuit. An Administrator who does not does not consider how the public feels on
police procedures is risking losing public trust, which in the worst case scenario
can lead to riots. Administrators can not run the department around the public’s
views, but must be aware of them and consider them. The University of Utah
conducted a study for the Salt Lake City police department on the public’s
attitudes towards pursuits in 1991. They found that 28 percent felt that police
should routinely pursue, 56 percent felt pursuits should occur when they involve
forcible felonies, and eight percent reported that the police should not pursue.
The other eight percent said they weren’t sure about their feelings on police
pursuits. It is safe to say that a policy allowing pursuits would be accepted by the
public in Salt Lake City if administrators choose to implement one. Administrators
may choose to conduct similar surveys within their jurisdiction while revising
pursuit policies.
Research on pursuits can inform administrators of all the positives and
negatives and sometimes offer solutions. Administrators must be well informed
on any procedure before writing a policy on it. They must be aware of the
attitudes toward the procedures both internally and externally. Administrators can
combine court precedence with academic research to provide them with a strong
knowledge of the topic. This knowledge will help form a clear, precise policy,
which can easily be interpreted and followed.
Pursuit policies have a purpose to provide guidance to police officers by
identifying critical elements that should be considered when making the decision
to pursue or not to pursue (Britz and Payne, 1994). A policy is the general
framework or statement of philosophy, principles, and objectives, that usually do
not provide specific guidance (Alpert, 1987). Administrators must decide if a
policy is best for the department, or if a rule would be better. A rule is more
specific than a policy and removes the decision making from the officers (Alpert,
1987). A rule will state what exactly will be done or not be done. It is a yes or no
statement. Rules are used to mandate a particular behavior while policies help
mold a general attitude. If an administrator chooses a rule it may simply be
written out and hopefully followed. On the other hand, if an administrator chooses
a policy many factors must be considered. First the administrator must decide
what the goal of the policy will be. A common goal among pursuit policies is the
safe apprehension of the offender. The question lies in what is considered safe.
There are three types of policies: judgmental, restrictive and discouragement
(Alpert, 1987). A judgmental policy allows officers to make all the major decisions
relating to initiation, tactics and termination (Alpert, 1987). These policies provide
broad guidelines for the officer which usually includes warnings that officers must
weigh the risks and must terminate when a pursuit becomes unsafe. A
judgmental policy leaves the decision making up to the officer.
Restrictive policies place certain restrictions on the officers judgments and
decisions (Alpert, 1987). Restrictive policies may require that pursuits are
terminated once the offender has been identified, if the pursuit enters a bridge or
tunnel, if the offender runs a certain amount of stop signs, or if the offender
drives in a manner which reduces the likelihood of apprehension (Alpert, 1987).
These policies still allow officers to make some decisions but others are
determined by the policy.
The third type is the discouragement style. These policies severely caution
or discourage any pursuits except in the most extreme cases (Alpert, 1987).
Pursuits are least likely to appear in jurisdictions with a discouragement style
policy.
Now that the administrators have set a goal and chose what type of policy
they want they must consider the qualities and issues the policy should include.
Beckman (1983) suggests that administrators should review the International
Association of Chiefs of Police model of pursuit policy to guide them in their
policy writing. Beckman (1983) also states some of the better policies such as
the Southfield (Michigan) Police Department policy, and the Los Angeles
(California) Sheriff’s Department, both of which share some common qualities.
The policies are carefully written, they cover many associated issues, they urge
consideration of the seriousness of the offense balanced against the danger of
the pursuit, and they provide the option of discontinuance of the pursuit
(Beckman, 1983). Beckman (1983) also lists some of the common issues
addressed in the better policies:
(1) when to initiate a pursuit;
(2) number of units permitted;
(3) responsibilities of the primary and secondary units;
(4) driving tactics;
(5) helicopter assistance;
(6) communications;
(7) capture;
(8) discontinuance of the pursuit;
(9) supervisory responsibility;
(10) firearms use;
(11) offense categories traffic misdemeanors, felonies (types and differing
seriousness);
(12) blocking, ramming, boxing, roadblocks;
(13) absolute speed limits;
(14) inter-jurisdictional considerations;
(15) conditions of vehicle, driver, roadway, weather, traffic;
(16) hazards to users of highway;
(17) reporting and post-pursuit analysis.
Administrators must include some general rules:
(1) Pursuing units may be limited to two and “caravanning” is not permitted;
(2) Helicopter assistance is encouraged;
(3) Communications must be frequent, giving the type of offense, a description of the
suspect and vehicle, the direction of travel, the speed, and traffic conditions. All this
information will be evaluated by the supervisor on duty and he or she has the choice to
discontinue the pursuit. If the officer decides to abandon the pursuit the supervisor can
not order the officer to continue the pursuit;
(4) Once the offender is captured other officers will remain away from the scene unless
the primary officer requests assistance;
(5) The use of firearms is prohibited unless the officers are fired upon;
(6) Ramming, which is a seizure under the Fourth Amendment, is restricted only to life
threatening felonies. Boxing is discouraged but sometimes allowed by departments.
Roadblocks are permitted by some departments, but only as a last resort. Administrators
must effectively consider each and every issue, and rule and decide which best fits their
department philosophy to create a policy which is representative of the department.
Once administrators have completed a policy they must provide some training for the
officers so the policy can be successfully followed. Training in police pursuits should
include both technical skills of defensive driving which the officers should be certified in,
and the knowledge and the practice of what is expected and required of the officers
(Alpert, 1987). High-speed driving skills are also very important but are expensive and
time consuming. Each policy should involve specific training on the limits of the officer’s
abilities, the relative and absolute importance of the environmental conditions, the
significance of the incident which started the pursuit, the likelihood of apprehending the
offender, and the probabilities that the offender will voluntarily terminate the pursuit
(Alpert, 1987). Trainers must guide the officers and structure their judgments and
decisions on all these issues based on what the policy states. The officers must be able to
obey and follow all rules and procedures, which are included in the policy. The use of
computer-driven simulators can help this task. These simulators can be programmed with
real-life experiences to interact with the officers and create unlimited situations. The
simulators can also analyze areas of driving, reaction, and decision making which may
require further training or individual remediation (Alpert, 1987). To ensure that officers
are aware of what the policy states, random tests should be given. If an officer scores
below a set limit the officer will be forced to repeat the training. If the policy changes, the
officers must be notified and given a refresher course, which includes the changes. A
successful training program will provide officers with a clear understanding of their
available choices, and which of the choices are to be used for different types of
pursuits including what conditions they may be chosen.
A department without a pursuit policy or with a policy, which is misunderstood or not
followed, is open to public scrutiny. A department that lacks a policy leaves all discretion
to the officer. Leaving the outcome of pursuits on the discretion of officers leads to major
problems of liability leading to lawsuits costing the departments millions of dollars. Any
pursuit, which ends in an accident, brings threats of lawsuits, adverse publicity in the
media, and negative public opinion (Britz and Payne, 1994). This becomes a major
problem because the media and officers seldom report successful pursuits (Britz and
Payne, 1994). This lack of reporting gives the public an impression that all pursuits end
in tragedy and raises serious doubts on the efficiency of the police department (Britz and
Payne, 1994). Policies must provide officers with guidance on their decisions in pursuit
situations. Communications within the department must exist between all levels from the
administrators to the line officers. A lack in communication can lead to misperceptions,
which in turn can lead to improper decision making. All pursuits must be monitored by a
supervisor who has the authority to order the end of the pursuit. All violators of the
policy must be reported, investigated, and punished (Beckman, 1983). Administrators
must then retrain the officer and document the retraining. This documentation will save a
department in a lawsuit dealing with the same officer. Poor policies, which lead to
negative outcomes, have an extreme external cost to the department. The public will lose
trust in the abilities of the department, the media will provide negative coverage of the
department, which in turn decreases the credibility of the department. All this negative
publicity can lead to investigations of the department, which can ruin a department
forever. To avoid all these negative implications, administrators must provide clear
policies, training, and proper supervision.
“As we have not removed firearms from police officers and we support those
who use deadly force appropriately, we must not remove the officers’ ability to
pursue offenders” (Alpert, 1987). What we must do is provide those officers with
clear precise policies and extensive training. We must punish those who do not follow
the policy. Police officers are sworn to protect and serve the public. They must
maintain peace and order, but to do so without endangering the public. To maintain
this law and order officers may have to pursue offenders, while placing the public,
whom they are sworn to protect some risk (Britz and Payne, 1994). The answer to the
controversy over pursuits is not to eliminate the officers’ duties, but to provide
policies which are written to protect the public.
Administrators should write policies which coincide with what the courts
have ruled to be reasonable and with what research has shown. Administrators shall
provide officers with extensive training exposing them to unlimited situations which
may occur. Training must include not only high speed driving techniques, but also
instruct officers in the department’s pursuit policy and document the evaluation of
each officer’s knowledge. Supervisors must regulate and monitor officers while
pursuing those who violate the policy. The answer to the problem is not to eliminate
pursuits, but to revise and improve police department policies, training, and
supervision.
By adopting and following a pursuit policy which anticipates the risks the
officers will encounter and provides plain guidelines for an officer’s responses, a
department may lessen the risk of liability for police pursuits. Given the risk of
personal injury and property damage, it is surprising that a number of police
departments still operate without a police pursuit policy of any kind.
All police action requires good decision making skills to be effective. Police
pursuits are no different. A clear concise police pursuit policy can provide the
guidance officers need to make these decisions. The question of when and how long
the police will pursue a vehicle rests with each individual department. Each
department’s perception of this problem may vary. However, failure to recognize
and deal with the potential problem of police pursuits can result in liability and
substantial monetary damages awarded from a lawsuit. Every police department
must acknowledge the need for a clear and precise policy as the guidance provided in
the pursuit policy will assist the officer in making the right decision and perhaps
prevent an accident and save lives.
Selected Bibliography
Alpert, G.P. “ Police Hot Pursuits: The Discovery of Aleatory Elements.”
The Journal of Criminal Law & Criminology, 80 2 (1989): 521-539.
Alpert, G.P. & Dunham, R.G. “Research on Police Pursuits: Applications
For Law Enforcement”, American Journal of Police, 7 2 (1988):
123-131.
Alpert, G.P. “Questioning Police Pursuits in Urban Areas”, Journal of
Police Science and Administration, 15 4 (1987): 298-306.
Auten, James H. “An Analysis of Police Pursuit Policy.” Law and Order,
November 1990: 53-54.
Barth, Louis H. “Police Pursuits: A Panoply of Problems.” The Police
Chief, February 1981: 54-55.
Beckman, E. “High Speed Chases: In Pursuit of a Balanced Policy.”
The Police Chief, January 1983: 34-37.
Britz, M. and D. Payne, American Journal of Police, 1994: Volume 1.
Payne, D.M. & C. Corley “Police Pursuits: Correlates of the Failure to
Report.” American Journal of Police, 1994: Volume 4.
Physicians for Automotive Safety, “Rapid Pursuit by the Police. Causes,
Hazards and Consequences: A National Pattern is Evident.” N.Y.
Physicians for Automotive Safety, 1968.
Schultz, D.O. Police Pursuit Driving Handbook. Houston, Tx.: Gulf
Publishing Co., 1979.
Selected Court Cases
1. City of Lansing v. Hathaway, 1937
2. Draper v. City of Los Angeles, 1949
3. Mckay v. Hargis, 1958
4. Stanton V. New York, 1967
5. Reed v. City of Winter Park, 1971
6. Bailey v. L W Edison Charitable Foundation of Grand Rapids, 1972
7. Marion v. City of Flint, 1976
8. Gibson v. City of Pasadena, 1978
9. Fiser v. City of Ann Arbor, 1981
10.Tennessee v. Garner, 1985
11.Dent v. City of Dallas, 1986
12.Brower v. Inyo County, 1989