Case Law Regarding Liability
Case Law Regarding Liability For Failure to Train.
Popow v. City of Margate, 476 F. Supp 1237
(D.N.J. 1979)
States that a "complete failure to train" by the agency occured because the training given was too basic. This decision mainly focused on deadly force decision-making or "Shoot/Don't Shoot" scenario training. Must train officers to shoot in residential areas, at moving targets, at night and review the use of force/shooting policy regularly.
Zuchel Vs. City and County of Denver,997 F.2d 7310
(10th Cir. 1993)
The 10th Circuit Court upheld a jury verdict that the city of Denver Colorado was deliberately indifferent to the rights of it's citizens because of the inadequate deadly force training provided to it's police officers. Training must develop decision making skills that enable officers to avoid confrontations and minimize the escalation of force when practicle and train officers under conditions they are likely to encounter in their work assignment.
Harris Vs. City of Cincinnati 953 F. 2d 1038
(6th Cir. 1992)
The Court rejected the notion "that a municipality may shield itself from liability for failure to train its police officers in a given area simply by offering a course nominally covering the subject, regardless of how substandard the content and quality of that training is".
Harris Vs. City of Canton, Supreme Court Decision, 489
U.S. 378,109 S. Ct. 1197 103 L.Ed. 2nd 412
(1989)
Officers must be provided training that is adequate to the task(s) that may have to be performed.