civil liability and tort law claims. how do they effect police officer's lives?

Question

What is civil liability and a tort law claim? how are they different? How do they effect law enforcement officer's lives?

Answer 1

Broadly speaking, a tort is a civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages.

Civil liability is potential responsibility for payment of damages or other court-enforcement in a lawsuit, as distinguished from criminal liability, which means open to punishment for a crime.

Suing the government is the second most popular indoor sport in America, and police are often the targets of lawsuits, with over 30,000 civil actions filed against them every year, between 4-8% of them resulting in an unfavorable verdict.

Because police work involves risky split-second decisions, officers become subject to a wide range of investigations, complaints, and legal actions against them. Investigations and prosecutions may take place on multiple, overlapping jurisdictions (i.e., both state and federal).

When police fail to perform their duties, perform them negligently, or abuse their authority, the possibility of civil liability exists. Unlike criminal cases, liability cases are tried in civil court. It's common to name everyone associated with the injury or damage as the defendant (officers, supervisors, agencies, even the government entity) in order to reach the "deep pockets." Chances are the higher-ups will have the ability to pay larger awards either personally or by raising taxes. At other times, it's common for an individual officer to be the target of a single accusation, and in such civil action, the officer's personal assets are on the line.

With an officers personal assets being "on the line" it effects them every second they are in uniform on the job.

Again, "police work involves risky split-second decisions," which would make ANYBODY overly cautious in their position as an officer.

Law enforcement salaries are traditionally extremely low, yet the type of individual working in the profession is one that does the job because they care about others! It's difficult to work in such a difficult profession knowing that anything you do subjects you to a lawsuit!

Best wishes.

Answer 2

A civil lawsuit is a complaint filed in the court that has no criminal penalty attached, no Jail time or probabtion potential.

Every State has civil proceedings and rules as does the federal government for federal civil suit complaints.

Each complaint filed in a civil lawsuit is either a tort or not. In California, for example, breach of contract is a complaint but not a tort. Therefore if you prevail you collect the actual damages proven in the lawsuit.

A tort is a complaint that has punitive damage potential. The jury and or judege could award actual damages olus punitive damages which might be significant.