Exploring Liability Profiles: A Proximate Cause Analysis of Police Misconduct: Part II

Abstract

Recent history shows that a significant number of citizens, internationally, are now seeking litigation against police agencies when law enforcement officers violate their civil rights. Often the events that precede complaints occur due to poor policy, training and early warning by law enforcement agencies. Hence, this study analysed past policies and training procedures that were in effect for the San Francisco, California Police Department (SFPD) during 1998, to determine if there was any liability of risk following evidence of officer misconduct. Mixed methodology, using a descriptive quantitative approach and based on a historical design, was used to determine whether or not the SFPD had appropriate policies, training, and control measures in place to minimise potential citizen complaints against officers that could have led to misconduct allegations and, ultimately, civil litigation. Results showed that SFPD policies, recruit and in-service training and early warning system measures resulted in a lower number of substantiated complaints of officer misconduct based upon clear policy, appropriate training, and deployed early warning system measures. Consequently, the findings suggested that the SFPD created a lower liability profile in respect to random versus non-random risks required in court to explain a department's position relative to their risk management of officer misconduct.