Posted on 11/22/2006 6:33:41 PM PST by Vinny
Many police officers fear being sued more than being murdered
Officer Dillon Stewart of the New York Police Department was fatally shot Nov. 28, 2005 in Brooklyn, N.Y., while attempting to pull over a car with stolen license plates that had sped through a red light. Officer Stewart ignored the wound and helped try to catch the gunman before dying later at a hospital. (AP/New York Police Department)
U.S. law enforcement agencies are struggling with the threat of lawsuits regarding the conduct of officers.
Officials said the threat has become so acute that many officers would rather die than be sued. They said this has seriously hurt law enforcement and endangered the lives of officers.
"Some officers today are more afraid of being sued than being murdered," Olympia Fields, Ill. Police Chief Jeff Chudwin said.
In a recent address to a police convention, Mr. Chudwin said the actions of numerous officers have created additional victims of crimes. He said officers often avoid using deadly force even when it's legal and required.
"If you're putting an offender at the top of the list for safety, then you have your priorities screwed up," Mr. Chudwin told the Association of SWAT Personnel-Wisconsin. "Why are we catering to the person who created the problem?"
Law enforcement officials echoed Mr. Chudwin's assertion, saying only 25 percent of off-duty officers carry a gun. The officials, some of whom work in the FBI, acknowledged that the threat of lawsuits, particularly when backed by civil rights groups, usually block the careers of top officers.
"Police and other agencies have become very ambiguous over the justification of force," an official said. "The threat of political pressure has become a leading factor."
In a speech entitled "Surviving Officer-Involved Shootings and the Aftermath," Mr. Chudwin, a former prosecutor, told a tactical operations seminar of cases in which officers refused to use deadly force.
He presented videos of a plainclothes officer slashed by a knife-wielding suspect during a struggle. The officer gave his pistol to his colleague when trying to subdue the suspect. Mr. Chudwin said the officer, slashed in the face and neck, was afraid his gun would discharge during the struggle.
"He gets praised by the media for showing restraint, but what he did makes my skin crawl," Mr. Chudwin said. "Why didn't he shove the muzzle in the suspect's eye and pull the trigger?"
In another example, an officer responds to a call regarding a man seen in a supermarket with a gun. Mr. Chudwin said the officer refused to leave her patrol car even as the gunman forced a bystander to the ground. The bystander was then shot in the head and killed as the officer watched. In the end, backup police officers killed the gunman. Mr. Chudwin said colleagues of the unresponsive officer believed she "did nothing wrong."
In another case, a SWAT team surrounded a gunman who fired in a residential neighborhood. The team was commanded not to shoot even as the gunman pointed his pistol toward the officers. Finally, the gunman was shot.
In some cases, Mr. Chudwin said, SWAT officers refused special training because they deemed it too dangerous. He said these officers have been influenced by commanders who encourage the use of pepper spray against assailants, which Mr. Chudwin said does not work.
“When you go out on the street, the first thing you say when you get in your patrol car should not be, ‘Oh, God, I might get sued today,’” Mr. Chudwin said. "You really have nothing personally to fear from liability when you follow law, policy and procedure. But fear of liability has led to the murders of police officers."
"If you're more concerned about getting sued than getting murdered, you can't do the job like it needs to be done," he added. "You're a threat to yourself and to others."
Waiting for the Jack Boot Thug screamers to arrive. Makes me sick.
Why indeed? This is a pandemic in our entire sodiety.
As the mother of an NYPD officer,this horrifies me.
What a thankless job !
The inmates are running the asylum !
The president could have stopped that miscarriage if he had any cajones and really supported the Border Patrol. Singlehandedly, he destroyed the morale and enthusiasm of that agency and others who might be in a similar situation. The U.S. attorney is on the prowl for a political future and is a part of the Executive Branch. This fiasco was unnecessary. If there's no pardon coming from the White House if the 5th Cir Court of Appeals doesn't set aside the verdict and sentence, it will confirm the worst fears about this administration.
When officers are hurt in the line of duty I wonder how many think they continue to draw their pay when they are off work? Are they thought to be scum because they apply for Worker's Comp and what proof do they have to provide to be be successful in such a claim? And that is if they are not killed in the line of duty. I don't blame law enforcement for their hesitation. I suggest that lawsuit is only part of the problem described above.
We want protection, yet we mock them, call them names, complain if they make more than we think they should, howl if they are perceived because of some video to have lost control and beat the hell out of a criminal. We forget they must be totally exasperated at the court system after the alleged criminal is dragged in court, the officer has to report to court (maybe when he is suppose to be sleeping), and the judge slaps his hands and turns the bum loose to once more terrorize the streets of our cities. Most people care less or give no thought to the fact that our law enforcement people's bodies are constantly under physical stress of one kind or another. Add it all up plus leaving their family with nothing because of a lawsuit I would think would affect most people.
Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns. NRA KMA
Its being called "the Rome Syndrome"; Rome was killed from within, by LAWYERS.
Unfortunately, many cops--especially on "drug raids"--often act in ways which should get them sued. A cop's first duty should be to ensure that anyone he's trying to subdue can have no doubt but that he's a cop and not some crook in a phony outfit (just how hard is it for a crook with a lettering kit to make a black shirt that says "POLICE"?) All too often, when police get shot at by law-abiding citizens who didn't know they were cops, they use that to justify more violent behavior on their part--never mind that a more sensible approach would be safer for all concerned.
"Unfortunately, many cops--especially on "drug raids"--often act in ways which should get them sued."
Correct. They are accepting assignments that put them in jeopardy. Like the drug raid today where the sole occupant was a 92 year old lady, which was shot dead by them. It's pretty hard to view that as standard police work.
Compliments of the ACLU.
So it's the cops fault that criminals impersonate police officers?
The point is drug dealers are still criminals and if they shoot at undercover police officers, the police should be able to shoot back w/o having to worry they will be sued.
Furthermore, on-duty, full uniformed police officers, should not have to worry about being sued because they aren't "nice" enough to the person w/ a knife or gun in their hand.
"So it's the cops fault that criminals impersonate police officers? "
Sorry, friend. But you're just out of your mind. It's hard to sugar coat that.
Sorry friend, but you sound like you're out of your mind.
"Sorry friend, but you sound like you're out of your mind."
The contrast of opinions here is amazing, isn't it?
Depends where you're coming from.
If you think cops are generally bad people and criminals are victims, you would think I am out of mind.
If you think cops are generally good people and criminals are bad, then you would know you are out of your mind.
How does the number of cops who get shot at during knock-and-announce warrants compare with the number who get shot at during no-knock raids?
The issue isn't just their acceptance of assignments, but their failure to perform them in a manner to maximize everyone's safety.
Cops should act in ways that criminals are unlikely to impersonate. It really isn't hard.
How is a law-abiding citizen supposed to know whether the people bashing in his door are cops, or robbers yelling "police"? Requirements that police wear uniforms (instead of black shirts with "police" lettering), that they trigger their sirens before entry and leave them until the premises are breeched, etc. would probably help avoid having the police be seen as criminals by the law-abiding.
"If you think cops are generally bad people and criminals are victims, you would think I am out of mind."
Look, lightweight. What disturbs me, is people who ASSUME that those they are put upon are criminals to begin with, and without question, have shit for brains.
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