ABSTRACT
This chapter describes the civil liability issues commonly associated with wrongful custodial deaths, referred to as arrest-related deaths, which include deaths following violent restraint incidents during an arrest situation and/or during an incident in a detention facility. It discusses the frequency of occurrence of these types of death. The chapter examines liability issues involving standards of care in state courts and the standards for use of force, restraints, medical care in accordance with actions based on claims of negligence, and § 1983. An arrest-related death involves the use of non-deadly force measures to control a violent arrestee. A lawsuit filed in a wrongful custodial death will allege that the agency as a whole was intentionally negligent, grossly negligent, or deliberately indifferent to the needs of the deceased. Negligence claims against police officers for wrongful deaths of arrestees are based on state tort law. A special duty of care creates increased responsibilities and may include cases of unexpected custodial deaths.
