NCJ Number
16215
Date Published
1972
Length
19 pages
Annotation
A REVIEW OF APPELLATE COURT DECISIONS HOLDING THE STATE AND LOCAL GOVERNMENTS LIABLE FOR MISUSE OF FIREARMS BY ITS POLICE OFFICERS DUE TO INADEQUATE TRAINING, WITH SUGGESTIONS FOR PREVENTION OF LIABILITY.
Abstract
SOVEREIGN IMMUNITY, WHICH HOLDS THAT THE GOVERNMENT IS NOT LIABLE FOR CIVIL WRONGS COMMITTED BY ITS OFFICERS AND EMPLOYEES MAY BE ABOLISHED IN VARIOUS STATES THROUGH LEGISLATION OR BY COURT DECISIONS. FIVE APPELLATE COURT DECISIONS ON THE CIVIL LIABILITY OF GOVERNMENTS FOR INADEQUATE POLICE FIREARMS TRAINING ARE DISCUSSED. TO PREVENT LIABILITY OF THIS TYPE, THE AUTHOR LISTS SEVERAL RECOMMENDATIONS. AMONG THE AREAS COVERED ARE INSTRUCTION IN SAFE HANDLING AND CARE OF FIREARMS, KNOWLEDGE OF WHEN TO USE DEADLY FORCE, ADOPTION OF RULES OR STANDARDS BY THE POLICE AGENCY ON USE OF DEADLY FORCE, AND RETRAINING TO MAINTAIN THE OFFICER'S PROFICIENCY. THE AUTHOR ALSO LISTS THE RESULTS OF A COMPARATIVE STUDY ON FIREARMS TRAINING WHICH SHOWED WIDE VARIATIONS IN QUALITY AND QUANTITY OF TRAINING. RESULTS OF A SURVEY OF POLICE OFFICIALS ON FIREARMS POLICIES AND TRAINING IN JUDGMENT PISTOL SHOOTING ARE ALSO REPORTED. APPENDED ARE SUGGESTED GUIDELINES TO CONTROL THE USE OF FIREARMS.