"Police Chiefs' Views and Data on Legal Liabilities in Law Enforcement." TELEMASP Bulletin (December 1999/January 2000): pp. 1-7.Notes: Available full text on Criminal Justice Periodical Index (Proquest).
Abstract: This survey provides data that reinforces traditional knowledge about civil liability lawsuits, yet it also yields results that question findings of previous research. The results of the survey that may be of most benefit to police administrators are those pertaining to lawsuit prevention.

Affinito, Anthony. "Critical Policy Testing: An Emerging Concept." Journal of California Law Enforcement vol. 33, no. 2(1999): pp. 6-9.
Abstract: Promotes critical policy testing as a legitimate tool law enforcement professionals can use to stem the tide of civil litigation against their departments and increase the chances of a successful outcome when such actions occur.

Anderson, James F., et al. "Preemployment Screening and Training Could Reduce Excessive Force Litigation Cases." Journal of Police and Criminal Psychology (Fall 1998): pp. 12-23.
Abstract: Police officers enter law enforcement with enthusiasm. However, at some point, their idealism dissipates to the point of apathy causing some to become aggressive with the general public. During this period, some officer's performance declines. This raises concerns for superior officers and management with how these problems could lead to legal liabilities if out-of-control officers engage in excessive force.

Byxbe, Ferris R. and Philip E. Carlan. "An Administrative Dilemma: Sexual Harassment and Liability." Journal of Police and Criminal Psychology (Spring 1999): pp. 19-27.
Abstract: Conservative estimates suggest that 40% of working women and 15% of their male counterparts have experienced some form of sexual harassment, and law enforcement personnel are no exception. With criminal and civil remedies readily available to deter police misconduct, police agencies should be establishing policies that take a strong pro-active stance against sexual harassment in the workplace. Surprisingly, though, 34% of police agencies in this country are still without formal policies regulating such behavior. This article is a guide to the legislation and case law that regulates those behaviors and recommends policy formation and implementation.

Carlan, Philip E. "Managing Sexual Harassment Liability: A Guide for Police Administrators." Police Chief (October 2000): pp. 124-26, 129.
Abstract: Legitimate administrative concerns over sexual harassment liability deserve attention. Administrators need to know of the disturbing statistics that help to illuminate the problem, the legal ramifications stemming from an agency's failure to address the issues, current trends in the law, and ways that agencies can protect themselves from liability claims. This article addresses those concerns.

Ceniceros, Roberto. "Police Agencies Look to Peers for Risk Management Advice." Business Insurance (August 1998): p. 16+.Notes: Available full text on Infotrac.
Abstract: The Los Angeles County Sheriff's Department has established its own Risk Management Bureau and its risk management policy manual provides guidance to law enforcement risk managers all over the country.

Close, Dale H. "How Chiefs Should Prepare for Nine Liability Risks." Police Chief (June 2001): pp. 16-27.
Abstract: Because of increased litigation involving police agencies and the increasing willingness of juries to award large verdicts against police and police agencies, risk management is now critical for every police agency, regardless of size. Police chiefs should remember that no action by any department is going to stop that department from being sued. The goal for risk management is to reduce the risks of liability and have plans in effect that limit litigation and limit the possibility of successful lawsuits against the department.

Dahlinger, Charles. "The Consequences of Not Adequately Training or Reviewing Departmental Policy." Law & Order (December 2001): pp. 53-54.
Abstract: Adequate training is not just the responsibility of the police agency, but of the officer as well. Even a superior training program will not defend against gross negligence or willful misconduct by an officer. However, an effective training program can be the difference between dismissal of a suit and a serious judgement against a law enforcement agency, costing thousand of dollars.

del Carmen, Rolando V. Civil Liabilities and Other Legal Issues for Probation/Parole Officers and Supervisors. Washington, DC: U.S. Department of Justice, 2001.Call Number: J 16.102:L 61
Abstract: Examines mainly the concerns of probation/parole officers that appear to offer the most fertile grounds for litigation. Probation and parole officers must be properly informed about legal liabilities. This monograph seeks to do just that and to help them understand basic liability concepts in the hope that such information will lead to lawsuit avoidance.

Dunham, Roger G. and Geoffrey P. Alpert. Critical Issues in Policing. Prospect Heights, IL: Waveland Press, 1997.Call Number: HV 8138.C6973 1997Abstract: This comprehensive collection of up-to-date readings addresses all aspects of policing. It provides insight into a variety of topics , including use of force, police pursuits and litigation against police.

Franklin, Carl J. The Police Officer's Guide to Civil Liability. Springfield, IL: Charles C. Thomas, 1993.Call Number: KF 1307.F73 1993
Abstract: Written from the perspective of a ten-year police veteran aimed at helping the average cop understand and cope with civil liability lawsuits.

Franscell, George J. and Ann M. Maurer. "Court Decisions Provide Guidance on Use of Canine Units." Police Chief (October 2000): pp. 138-47.
Abstract: Discusses the current state of the law pertaining to the use of police canines for both searches and seizures.

Gallagher, G. Patrick. Risk Management Behind the Blue Curtain: A Primer on Law Enforcement Liability. Arlington, VA: Public Risk Management Association, 1992.Call Number: HG 8054.3.G3 1992
Abstract: Police departments, having undergone so much scrutiny by the public and the courts for so long, have paid a heavy price for a lot of lessons. Unfortunately these police departments haven't learned all they should learn. This book will help risk managers understand the law enforcement environment, allowing them to implement effective loss control programs for police.

Graham, Gordon J. Law Enforcement Civil Liability: The True Story. Long Beach, CA: Graham Research Consultants, 1996.Call Number: HV 8141.L3C5 1996 Notes: ½ in. VHS, 86 min., color
Abstract: Examines the basics of civil liability as it relates to the law enforcement service.

Hill, Rodney. "Civil Liability and Mental Illness: A Proactive Model to Mitigate Claims." Police Chief (May 2000): pp. 29-32.
Abstract: Lawsuits can result when a police patrol officer fails to recognize that a person suffers from a mental illness. However, there are several approaches currently available for establishing a training program for handling mental illness calls.

Hill, Steven J. "Civil Liability in Policing: A Proactive View." Police (May 2000): pp. 46-47.
Abstract: Civil Liability is a growing concern in every police officer's life, professionally and personally.
________. "The Significance of Police Credentialing." Police (March 1999): pp. 40-42.
Abstract: Standards achieved through police credentialing can translate into lower legal expenses and ultimately reduce costs associated with unprofessional conduct. Police credentialing can be shown to be an effective risk-reduction tactic by both police and insurance managers.

Hughes, Tom. “Police Officers and Civil Liability: “The Ties that Bind?” Policing vol. 24, no. 2(2001): pp. 240-262 Abstract: Civil liability is a concern of all police agencies. This article explores how officers perceive the impact of civil liability on their actions in the field. Furthermore, it considers how officers feel about administrative measures used by departments to reduce liability.

Kappeler, Victor E. Critical Issues in Police Civil Liability. Prospect Heights, IL: Waveland Press, 2001.Call Number: KF 1307.K37 2001
Abstract: Today, it is more important than ever before for individuals involved in the administration and operations of criminal justice agencies to understand the principles of civil liability. This concise, well-organized text integrates civil law, social science and police studies, providing an easy to understand analysis of the impact of legal decisions on issues confronting law enforcement officers and administrators.

Maroney, Al E. "Liability Issues and On-Duty Cellular Phone Use." Police Chief (January 2000): pp. 47-51.
Abstract: The use of cellular phones by law enforcement personnel should be addressed early on to prevent abuses and the imposition of liability on your agency. Police executives may not want to consider that a cellular phone could subject them to any type of harm, but the reality is that the potential is great.

Martinelli, Thomas J. and Joycelyn M. Pollock. "Law Enforcement Ethics, Lawsuits, and Liability: Defusing Deliberate Indifference." Police Chief (October 2000): pp. 52-67.
Abstract: The increasing volume of case law pertaining to police malpractice, along with larger settlements and verdicts, demands that agencies review their academy training standards. This article explores how such training can reduce departmental exposure from civil litigation.

Milazzo, Carl and Claire McNaught. "SWAT Team Liability." Law & Order (March 2002): pp. 97-100.
Abstract: The increasing use of technology, refinement of tactics and specialized units to confront dangerous tactical situations can outpace the traditional legal training provided to officers. There are no ‘special’ rules for ‘special’ operations. The same Fourth Amendment principles governing a lone officer on a traffic stop equally apply to a special unit on a tactical mission. In other words, it is the facts that change, not the law.

Municipal Police Institute. The Chief's Guide to Civil Liability. Shrewsbury, MA: Massachusetts Chiefs of Police Association, 1997.Call Number: KF 1307.C55 1997
Abstract: Developed to help municipal and public safety officials understand what civil liability is and how it can be avoided. This publication is designed to serve as a reference which, while not a substitute for professional legal advice, will provide some guidance to those who may be concerned about liability associated with various actions and policies.

Newbold, Mark. "Officer Liability for Failure to Disclose Exculpatory Evidence." Police Chief (May 2001): pp. 10-13.
Abstract: Police chiefs should be aware that their officers could be subject to liability in federal court for failing to disclose to a prosecutor any evidence that may be favorable to a defendant.

Petrowski, Thomas D. "Miranda Revisited: Dickerson v. United States." FBI Law Enforcement Bulletin (August 2001): pp. 25-31.
Abstract: The Supreme Court's decision in Dickerson was both a surprise and a disappointment to many. The decision clearly elevates the warning requirements of Miranda to Constitutional proportions, the single most significant practical impact of which is potential civil liability of individual law enforcement officers and their departments resulting from intentional violations of the warning requirements mandated in Miranda.

Pipes, Chris and Dominick Pape. "Police Pursuits and Civil Liability." FBI Law Enforcement Bulletin (July 2001): pp. 16-21.
Abstract: Because many police pursuits result in accidents and injuries, agencies and officers become subjects of civil lawsuits. Initiated in state or federal courts, these lawsuits have resulted cumulatively in case law that directs law enforcement agencies to develop pursuit policies.

Rayburn, Michael T. "Pursuits: Getting Back to Basics." Police (September 2000): pp. 47-48.
Abstract: Although last year's Supreme Court decision of County of Sacramento vs. Lewis, 98 F.3d 434, was a favorable one for law enforcement, it must not be misconstrued as blanket coverage against liability for all pursuits. Officers still need to remember basics when it comes to initiating, conducting and controlling a pursuit until its final outcome. First and foremost in the basics of vehicle pursuit is to have a good established policy that is well developed.

Rostow, Cary D., et al. "Civil Liability and Psychological Services in Law Enforcement Administration." Police Chief (June 2001): pp. 36-43.
Abstract: All law enforcement executives attempt to hire and supervise the best officers. Yet it may be necessary to seek expert assistance to protect the reputation of the chief and his or her department in cases where an officer engages in misconduct and a department is sued. The police psychologist can be a major asset in the selection, fitness-for-duty examinations and training of officers and other staff as well as in demonstrating to the courts and others that the chief took reasonable steps to ensure public safety.
Scarborough, Kathryn E. and Craig Hemmens. "Section 1983 Suits Against Law Enforcement in the Circuit Courts of Appeal." Thomas Jefferson Law Review (September 1999): pp. 1-21. Notes: Available full text on Westlaw. Abstract: The police as primary agents of social control in a democratic society come into contact with citizens more frequently than any other actors in the criminal justice system. Almost every resident of the United States has had direct or indirect dealings with a police officer at one point or another in his or her lifetime. Because of high visibility and frequency of citizen interaction, the police are subject to intense scrutiny when performing their duties. Consequently, establishing and maintaining limits on discretion have been key issues throughout the history of policing. In addition to controlling police behavior and the use of discretion, procedures for redressing grievances must be available when preventive measures do not work. The focus of this article is a commonly used external form of control, 42 U.S.C. Section 1983, better known as the Civil Rights Act. Section 1983 imposes civil liability on any person who, while acting under color of law, deprives another of a constitutional right.

Spector, Elliot. “Emerging Legal Standards for Failure to Train.” Law & Order (October 2001): pp. 73-77.
Abstract: The ramifications related to inadequate law enforcement training are about to skyrocket. It is safe to say that plaintiffs’ counsel will take great advantage of the US Supreme Court’s recent decision in Board of County Commissioners v. Brown, 520 U.S. 397, (1997), which suggests liability for failure to train a single officer, and failure to train will soon become the theory of choice in liability claims against governmental entities.

Stevens, Dennis J. “Civil Liability and Selective Enforcement.” Law & Order (May 2001): pp. 105-07.
Abstract: This study suggests that some sworn officers are more concerned with the potential of becoming a defendant in a civil liability suit than in controlling societal crime.

Thompson, R. Alan and Jerry L. Dowling. "Police Use of Force Against Drug Suspects: Understanding the Legal Need for Policy Development." American Journal of Criminal Justice vol. 25, no. 2(2001): pp. 173-97. Notes: Available fulltext on Criminal Justice Periodical Index (Proquest).
Abstract: When confronted by the police, drug suspects sometimes attempt to destroy evidence by orally ingesting the contraband in their possession. Police officers have limited time to react before this evidence is destroyed. These conditions raise the question of exactly how much force officers may employ lawfully to prevent imminent destruction of evidence. Law enforcement agencies need to develop appropriate policy statements to guide officer behavior during these types of field encounters.

Vaughn, Michael S. "Police Sexual Violence: Civil Liability Under State Tort Law." Crime & Delinquency (July 1999): pp. 334-57.
Abstract: Explores civil liability under state tort law against criminal justice personnel engaged in police sexual violence (PSV). The article identifies five theories that courts use in deciding whether criminal justice agents commit PSV within the scope of employment. It concludes that governmental entities need to systematically collect data on the prevalence of PSV, and criminal justice agencies need to monitor employees' deviant acts effectively.

Vaughn, Michael S., et al. "Assessing Legal Liabilities in Law Enforcement: Police Chiefs' Views." Crime & Delinquency (January 2001): pp. 3-27.
Abstract: Amassing the largest data set on legal liabilities in law enforcement, this article reports results from that survey and documents the chiefs' perceptions of the prevalence of civil litigation, fear of litigation, type of suits filed by members of the public as well as by their own officers, and issues surrounding settlements, policy and procedure changes, training, indemnification, and lawsuit prevention. The article concludes that nationwide systematic data collection should be undertaken on legal liabilities in law enforcement so the public becomes better informed about this important aspect of police work.

Weintraub, Richard. "The End of Cop TV?" Sheriff (July/August 1999): pp. 43, 55.
Abstract: Based on the outcome of Wilson vs. Layne, law enforcement in the future could be forced to pay damages for bringing members of the media into private homes in connection with lawful duties.
Worrall, John L. "Administrative Determinants of Civil Liability Lawsuits Against Municipal Police Departments: An Exploratory Analysis." Crime & Delinquency (April 1998): pp. 295-313.
Abstract: Outlines a predictive model of administrative determinants of civil litigation against police. Specifically, it attempts to determine whether police administrators influence trends in litigation.

________. "Culpability Standards in Section 1983 Litigation Against Criminal Justice Officials: When and Why Mental State Matters." Crime & Delinquency (January 2001): pp. 28-59.
Abstract: This article seeks to sort out the important culpability issues associated with Section 1983 litigation, with particular reference to theories of liability, and discuss the relevance of this inquiry for both academics and practitioners, calling attention to the problems the current multitude of culpability standards pose.