"Deliberate Indifference"

• Published in: FBI Law Enforcement Bulletin Vol. 74; no. 10; p. 22-31
• Main Author: King, Martin J
• Format: Magazine Article Trade Publication Article
• Language: English
• Published: Washington United States. Federal Bureau of Investigation 01-10-2005
• Subjects: Civil rights; Employers' liability; Human rights; Law enforcement; Liability; Police misconduct; Police training; Police, Complaints against; Violations
• ISSN: 0014-5688; 1937-4674

"In virtually every instance where a person's constitutional rights were violated by a police officer, a plaintiff will be able to point to something the employing entity--county or municipality--could have done to prevent the unfortunate incident. Frequently, where the alleged violation of rights is caused by the use of force by a police officer, the injured party will attempt to hold the county or municipality responsible by asserting that the harm caused could have been avoided by a more adequate training program. This article addresses the issue of county or municipal liability under the federal statute Title 42, United States Code, Section 1983...In particular, this article explores the contours of employer liability for claims that the constitutional violation was caused by a failure to adequately or properly train employees." (FBI Law Enforcement Bulletin)