7 - Liability for Failure to Train

Abstract

Because failure-to-train claims represent a majority of supervisory liability actions, this chapter addresses this critical managerial responsibility. Criminal justice administrators can be held liable if inadequate or improper training causes injury or the violation of an individual's constitutional rights. Ongoing training is critical for avoiding civil litigation and in structuring a defense to legal assertions. Case review reveals that deliberate indifference is a difficult standard for plaintiffs to establish in asserting claims of inadequate training. The trends and the margin for winning civil lawsuits by the police illustrate this point. Police administrators should note specific training categories that may apply to their respective departments. Administrators are encouraged to review the following recommendations in an effort to shore up potential agency deficiencies to insulate the agency, supervisors, and officers from civil liability. First, each administrator should conduct an internal assessment of routine and recurring tasks that officers and supervisors perform. As changes in the law affect job functions, appropriate training should be developed. Based on this assessment, regularly scheduled training should be provided to all officers and supervisors in those activities. At a minimum, each category identified should be a priority addressed through training on a recurring basis. Second, once a training assessment is finalized, administrators are encouraged to revise the policies and procedures that parallel the training topics. Third, to avert future failure-to-train liability and to maintain occupational professionalism, supervisory training should be instituted. And fourth, it is critical that all training be documented and accurate training records be maintained.