Chief’s Counsel: Liability for Special or Private Police Officers

Municipalities or state governments may mistakenly believe that they can avoid all liability claims when they privatize some law enforcement or corrections functions. Even by simply granting police powers to private citizens or by allowing regular officers to work for third parties, it is possible that traditional §1983 (the Federal Civil Rights Act) or similar claims may be brought against both the individuals and the governmental appointing authority. Unfortunately, there is no “one-size-fits-all” bright line rule that determines when civil rights or other liability claims may succeed, nor when such private or off-duty officers may assert a qualified immunity defense. Courts have made it clear that determinations will be made on a case-by-case basis, with facts controlling the outcome.

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A review of federal court decisions during 2023 confirms that the same principles enunciated in the leading case on the subject, Byrd v. Brishke, which was decided over 50 years ago, are still in pla...
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Molotov cocktails exploding, bricks smashing into windshields, and the storming of barricades—these chaotic scenes highlight the challenges faced by police personnel during public order events. W...
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The first duty of any civilized government is to protect the life and property of its people through its military and justice functions.1 Policing’s first duty then is, and must be, to protect co...
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In Jimerson v. Lewis, the United States Court of Appeals for the Fifth Circuit brought to the forefront the complexities involved in the decision-making processes of supervisory and command-level offi...
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Isaac Asimov’s Three Laws of Robotics should be built into all artificial intelligence (AI) programming. The Three Laws provide that a robot may not harm a human being, must obey a human being, a...
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In the wake of recurring incidents of police corruption and excessive uses of force, the fundamental essence of policing in the United States is under intense scrutiny. Debates continue to reverberate...