(No subject)

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http://www.laaw.com/fcvtsl.htm

In reference to failure to train issues, try the above link, which gives a

fairly " civilianized " explanation of the liability of agencies who fail to

train police officers. The case that set the standard is City of Canton,

Ohio v. . (1989)

From the book " Contemporary Criminal Procedure " by Larry E. Holtz:

There are certain " circumstances in which an allegation of a 'failure to

train' can be the basis for liability under (42 U.S.C. Section 1983). " " The

inadequacy of police training may serve as the basis for 1983 liability

only where the failure to train amounts to deliberate indifference to the

rights of persons with whom the police come into contact. "

Continued:

To determine the issue of a city's liability in these circumstances, the

" focus must be on the adequacy of the training program in relation to the

tasks the particular officers must perform. ... Liability will not be

placed on the city, however, merely by showing that one particular officer

was unsatisfactorily trained. "

Continued:

In order for the liability to attach, therefore, " the identified deficiency

in a city's training program must be closely related to the ultimate

injury. " ... The injured individual must ultimately " prove that the

deficiency in the police training program actually caused the officer's

(clearly inappropriate response). "

The text of 42 U.S.C. S. 1983:

Every person who, under color of any statute, ordinance, regulation,

custom, or usage, of any State or Territory or the District of Columbia,

subjects, or causes to be subjected, any citizen of the United States or

other person within the jurisdiction thereof to the deprivation of any

rights, privileges, or immunities secured by the Constitution and laws,

shall be liable to the party injured in an action at law, suit in equity,

or other proper proceeding for redress, except that in any action brought

against a judicial officer for an act or omission taken in such officer's

judicial capacity, injunctive relief shall not be granted unless a

declaratory decree was violated or declaratory relief was unavailable. For

the purposes of this section, any Act of Congress applicable exclusively to

the District of Columbia shall be considered to be a statute of the

District of Columbia

When a police officer violates someone's civil rights, this is the section

of the U.S. Code that allows for the plaintiff to sue in civil court. What

this really says is that when you are acting in your official capacity, you

are liable for your actions and you can be sued if you screw up. My guess

is that this section of the U.S.C. applies to dispatchers also because in

your job you are carrying out the official duties of the sheriff or the

chief or whoever it is you are working for.

Of course, I am not a lawyer, so I could be completely off base. But this

is the stuff that applies to police officers. Hope this helps.

Michele Hriciso

Brevard County Sheriff's Office, FL

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