Chief’s Counsel: Negligent Supervision and Executive Liability

Over the past year, law enforcement has been confronted with many situations involving judgment of officers that have drawn intense scrutiny and, in many instances, a very negative public reaction. In several of these situations, it has been noted that the officers, involved in what have been questionable uses of force, had prior allegations of poor judgment. As a result, questions then arose as to whether or not the officers’ agencies had properly supervised them or addressed and attempted to correct prior questionable behavior.

The claim of negligent supervision is one of the most common allegations in suits against law enforcement agencies. There are, in fact, numerous claims of “negligence” frequently raised in both state and federal lawsuits—for example, negligent hiring, negligent training, and negligent entrustment, along with negligent supervision. When these issues are raised, the burden falls on the agency’s executives to refute them by proving proper and effective management in these areas of law enforcement administration.