This study examines litigation reduction in the Centervale Police Department (hereafter referred to as CPD) in light of recent police brutality claims by two minors involved in a scuffle.
Litigations are mainly brought about due to negligence on the part of police officers. Most police departments react to this by implementing an proactive system through which ethics are instituted in the police department to set targets for officers. Once this is done, there is the need for compliance officers to be appointed to oversee the application of these ethics in practice in order to prevent litigation claims and demands.
Other authors argue that there must be a conscious litigation management framework that will be set up to examine the demands of police practice in a given department and streamline things to avoid litigation and losses. This implies setting targets and standards and implementing them in order to prevent litigations in a proactive manner. White was tased in a way and manner that was not appropriate because he was not a suspect running from lawful custody, neither was he a direct threat to the police. Hence, the conduct of Officer Newbie was against fundamental policing ethics. Concerning, Green, she has the right to sue because it appears that the force used by Officer Flash was not proportionate since Flash clearly went beyond the 1 degree allowed to use the force of a strong electronic device to prevent Green from causing further harm. However, the ruling of whether CPD will be liable will depend on the facts of the case.
We recommend a review of the ethical structure of CPD, the training methods and the practice. Therefore, it is recommended that the top level management of CPD must be made to come up with an active litigation limitation team that will be liable for drawing realistic targets and standards and also monitor the application of these targets and standards. This will guide practice and ensure that CPD officers are working according to high ethical standards. Secondly, the training system must get police officers to acquire knowledge about their obligations and rights of suspects. Supervisors are also to be tasked with obligations. The mitigation plan will include setting up a target (we recommend a reduction of litigation by 50% over the next 5 years). This target must be transposed to all the units of CPD and they must be monitored by the proactive litigation management team of CPD.
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