Building on the strength of previous editions, the fourth edition presents a well-conceived, clearly stated analysis of complex issues confronting law enforcement officers and administrators. Law enforcement duties sometimes place police officers in vulnerable positions regarding their legal obligations and expose them to charges of misconduct. Civil liability is an extremely expensive proposition for police officers, law enforcement agencies, governments, and--ultimately--taxpayers. Although substantial resources are often expended by the justice system to resolve liability cases, there are benefits to citizens. When the government assumes the responsibility to provide service or to protect the public, people injured by inadequate performance of those responsibilities deserve compensation; innocent parties who suffer injury should have an avenue for redress. The potential for litigation has been an impetus for better training and more responsible practices. Another excellent resource on the topic, Kappeler's edited volume of Supreme Court cases, Police Civil Liability, Second Edition, allows students to understand firsthand the legal reasoning behind Court decisions dealing with these same issues.

1. The Scope and Impact of Police Civil Liability

The Incidence of Civil Suit
Police Fear of Litigation
Frivolous Lawsuits
The Cost of Civil Liability
The Benefit of Civil Liability
The Process of Civil Litigation
Summary

2. The Fundamentals of State Tort Law

Police Liability and State Tort Law
Historical Barriers and Defenses to Police Liability
Summary

3. The Fundamentals of Federal Liability Law

The Civil Rights Act of 1871
Municipal Liability under Section 1983
Administrative Negligence and Deliberate Indifference
Municipal Liability for Failure to Train
Defenses to Section 1983 Lawsuits
Summary

4. Civil Liability for Police Use of Excessive Force

Excessive, Deadly, and Nondeadly Force /
State and Federal Claims
Federal Standards Governing the Use of Deadly Force /
Standards Governing the Use of Nondeadly Force
Liability for Indirect Excessive Force
Failure to Intervene
Summary

5. Police Civil Liability for High-Risk Drug Enforcement Operations

Search and Seizure Law in Drug Operations
Drug Detection and Probable Cause
Summary

6. Police Liability for Failure to Protect: Abandoning Citizens in Dangerous Places and Situations

Governmental Liability for Third-Party Criminal Victimization
Abandoning Vehicle Occupants and Qualified Immunity
Assurances of Police Protection
Case Analysis
The Future of Federal Third-Party Liability Cases
Summary

7. Police Civil Liability for Negligent Pursuits

Statutory Immunities
Negligence Principles and Police Pursuit
Defenses to Negligent Operation
Summary

8. Police Civil Liability for Failure to Arrest Intoxicated Drivers

Barriers to Liability
The Public Duty Doctrine
Special Relationship
Summary

9. The Liability of Traffic Officers: Negligence at Accident Scenes

The Duty to Warn and Protect
The Duty to Render Assistance
The Duty to Investigate Accidents
The Duty to Secure Accident Scenes
Summary

10. Police Liability for Failure to Prevent Detainee Suicide

The Framework of Negligence Litigation
The Special Duty of Care
Police Conduct and Breach of Duty
Defenses to Detainee Suicide
Summary

11. Shifting Conceptions of Police Civil Liability and Law Enforcement

Legal Assumptions and Police Civil Liability
Police Innovation and Liability
Implications for the Future Police Executive