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Many police officers fear being sued more than being murdered
InsightMagazine ^ | 11-21-2006

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."


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To: supercat
"but their failure to perform them in a manner to maximize everyone's safety."

Yes, I agree, and of course. These kind of stories are replete with a lack of safety considerations on all sides. That's undeniable.
21 posted on 11/22/2006 8:28:16 PM PST by mutley
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To: mutley

Did you read the article, "heavyweight"?

You're postings sound like you may have that same kind of brain you so despise in others.

Happy Thanksgiving anyway.


22 posted on 11/22/2006 8:33:34 PM PST by Vinny (A woman needs a feminist like a fish needs a bicycle)
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To: Vinny

"Did you read the article, "heavyweight"? "

Yes, I did. And I didn't accept it as the reason to never fault law enforcement or the judicial system, for bad decisions, like you did. Everyone has responsibility here. The judge that issued the warrant, and the officers that carried it out. She was 92 for Christ's sake. A 92 year old shot to death? You see nothing wrong here? Have you ever known anyone 92 years old?


23 posted on 11/22/2006 8:47:31 PM PST by mutley
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To: supercat

You must have either had a bad experience with the police or read more articles than myself on this type of event happening.

You're suggestions sound reasonable but will it ensure the safety of the officers who are raiding a criminal's house, eg. triggering the sirens before entry?


24 posted on 11/22/2006 8:47:51 PM PST by Vinny (A woman needs a feminist like a fish needs a bicycle)
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To: mutley
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.



1. They don't choose which assignments they'll go on. They go on the ones the commander or sergeant in charge sends them on.

2. The 92 year old that was killed opened fire on the police as soon as they burst in the door. They had a "No Knock Warrant" [that in itself should give you a clue it was a serious raid] and they did announce themselves.

It was a very unfortunate situation, but no doubt some lefty officials will find a way to prosecute and make heads roll.
25 posted on 11/22/2006 8:48:19 PM PST by AmeriBrit (Soros and Clinton's for Responsibility and Ethics in Washington = SCREW.)
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To: mutley

A 92 year old woman? what are you talking about? I just re-read the article, did I miss something?


26 posted on 11/22/2006 8:49:34 PM PST by Vinny (A woman needs a feminist like a fish needs a bicycle)
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To: AmeriBrit

"1. They don't choose which assignments they'll go on. They go on the ones the commander or sergeant in charge sends them on."

Hitler's minions made the same argument. Swallow that one and get back to me.


27 posted on 11/22/2006 8:51:39 PM PST by mutley
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To: Vinny

"A 92 year old woman? what are you talking about? I just re-read the article, did I miss something?"

Yes, you missed the part where I related this article about cops fearing lawsuits, to the story today about the police killing a 92 year old woman.

Try to keep up.


28 posted on 11/22/2006 8:55:15 PM PST by mutley
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To: mutley
IMO your education about the police force has all been gained either from the back seat of a squad car or the other side of bars in a holding tank.
29 posted on 11/22/2006 8:56:08 PM PST by AmeriBrit (Soros and Clinton's for Responsibility and Ethics in Washington = SCREW.)
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To: Vinny
You're suggestions sound reasonable but will it ensure the safety of the officers who are raiding a criminal's house, eg. triggering the sirens before entry?

They don't have to be triggered any significant duration before the cops start attempting entry, and the sirens and flashers aren't going to provide much more warning to crooks than the sound and vibration from bashing on the door.

And I can't see how using uniforms that would at least take some level of work to fake would endanger anyone. Even if cops had to have extra-large shirts made to fit over bullet-resistant vests, I wouldn't see why that should be a problem.

30 posted on 11/22/2006 8:59:07 PM PST by supercat (Sony delenda est.)
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To: AmeriBrit

"IMO your education about the police force has all been gained either from the back seat of a squad car or the other side of bars in a holding tank."

My opinions are based on the information at hand, have you not been following along?


31 posted on 11/22/2006 8:59:35 PM PST by mutley
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To: AmeriBrit
2. The 92 year old that was killed opened fire on the police as soon as they burst in the door. They had a "No Knock Warrant" [that in itself should give you a clue it was a serious raid] and they did announce themselves.

If someone lives in a bad neighborhood, but is themselves law-abiding, which is more likely to happen:

  1. Some robbers will break into their house, quite possibly yelling "police" in an effort to gain tactical advantage.
  2. Police will break into their house in an effort to serve a no-knock warrant.
In case #1, the person should shoot the intruders; in case #2, he shouldn't. In either case, guessing wrong is apt to be deadly. So which action (shoot/don't shoot) is better would depend upon which situation is more likely.

So which situation is more likely?

32 posted on 11/22/2006 9:02:33 PM PST by supercat (Sony delenda est.)
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To: mutley

The contrast of opinions here is amazing, isn't it?

Thats why I seldom post to these type's of threads.............


33 posted on 11/22/2006 9:02:58 PM PST by jdontom (You have the right to remain silent. I suggest you use it.)
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To: mutley
Then you obviously would benefit and would further your education as to what the police force is all about by perhaps requesting to go along on a few ride-alongs and see for yourself just what the police have to put up with from the public.
34 posted on 11/22/2006 9:06:33 PM PST by AmeriBrit (Soros and Clinton's for Responsibility and Ethics in Washington = SCREW.)
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To: jdontom

"Thats why I seldom post to these type's of threads............."

Being shy of these debates would be wise, in your case.


35 posted on 11/22/2006 9:07:34 PM PST by mutley
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To: AmeriBrit

"Then you obviously would benefit and would further your education as to what the police force is all about by perhaps requesting to go along on a few ride-alongs and see for yourself just what the police have to put up with from the public."

Are you actually saying that a few ride alongs will suddenly justify the shooting of a 92 year old black woman? Regardless of what she was or wasn't guilty of? And especially because they have to put up with a lot a crap? Are you really saying that?


36 posted on 11/22/2006 9:12:53 PM PST by mutley
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To: supercat
2. Police will break into their house in an effort to serve a no-knock warrant.




HUH?????

Just what in creation do YOU think a "No Knock Warrant" is?

Doesn't it explain itself?
37 posted on 11/22/2006 9:13:41 PM PST by AmeriBrit (Soros and Clinton's for Responsibility and Ethics in Washington = SCREW.)
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To: AmeriBrit
Just what in creation do YOU think a "No Knock Warrant" is?

When properly issued, it gives the police the authority to break in legally.

You didn't answer the question of which is more likely to occur to a law-abiding person.

38 posted on 11/22/2006 9:19:36 PM PST by supercat (Sony delenda est.)
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To: mutley
SHE STARTED TO SHOOT AT THEM THE SECOND THEY ENTERED [ injuring 3 of them I might add] They didn't have time to examine her birth certificate or analyze how old she was possibly. They had no choice but to defend themselves.

If she was that frail and not responsible for her actions then she shouldn't have been left alone in the house by the real criminals who the police went to arrest.
39 posted on 11/22/2006 9:19:42 PM PST by AmeriBrit (Soros and Clinton's for Responsibility and Ethics in Washington = SCREW.)
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To: supercat
If the residents of the house had been law abiding a "No Knock Warrant" would not have been issued. A "No Knock Warrant is very difficult to come by.
40 posted on 11/22/2006 9:25:31 PM PST by AmeriBrit (Soros and Clinton's for Responsibility and Ethics in Washington = SCREW.)
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