ABSTRACT

The essence of contemporary law enforcement has made the patrol officer a prime target for litigation. In a democratic society police represent the legitimate force of government to compel citizens, if necessary, to obey laws that the majority of citizens, at least theoretically, have participated in creating. This chapter examines § 1983 actions that arise out of functions that the police perform regularly. It discusses seven areas in policing that can increase the liability potential for officers: false arrest, false imprisonment, pursuits, failure to protect, searches, racial profiling, and special response teams. The chapter reviews that police administrators should keep abreast of the changes in the law and the potential for civil litigation. Police officers are authorized to enforce the law and to arrest law violators. A common task of many patrol officers is operating their police vehicle in a high-speed pursuit. Such pursuits may involve citizens attempting to elude police.