ABSTRACT

Police employers have a legal duty to ensure that police offi cers under their command are mentally and emotionally fi t to perform their duties, and failure to do so can result in signifi cant civil liability (Bonsignore v. City of New York, 1982) and serious consequences to citizens, the examinee, other offi cers, an employing agency’s reputation, and trust in the community (Corey, 1988). Various courts have interpreted this duty to include the authority to mandate psychological fi tness-for-duty (FFD) evaluations* of police offi cers reasonably believed to be impaired in their ability to perform their job functions because of a known or suspected psychological condition (Colon v. City of Newark, 2006; Conte v. Horcher, 1977; Deen v. Darosa, 2005; Kraft v. Police Commissioner of Boston, 1994; McKnight v. Monroe Co. Sheriff’s Dept., 2002; Tingler v. City of Tampa, 1981; Watson v. City of Miami Beach, 1999).