Abstract
Sudden deaths in police or correctional custody after a use-of-force confrontation are emerging as a critical area in civil litigation. This chapter describes the potential civil liability issues commonly associated with wrongful custodial deaths involving deaths following restraint incidents. Liability issues involving standards of care in state courts are examined, as well as the standards for use of force, restraints, and medical care in accordance with actions stemming from claims of negligence and Section 1983. Although many of these lawsuits are settled out of court, those cases that are decided in court yield a number of essential legal issues worthy of concern for police officers and administrators. Custodial deaths normally will produce a civil lawsuit by the estate attempting to demonstrate that the officers and governmental entity should be held responsible for a wrongful death.
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