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Vicarious liability

Discussion in 'Cop Talk' started by Bruce M, Oct 13, 2011.

  1. Bruce M

    Bruce M

    39,444
    10,240
    Jan 3, 2010
    S FL
    I hadn't contemplated vicarious liability recently, but obviously some have. In a nutshell, after a crash involving an ATV and officers who had been drinking, the direct supervisor has been recommended for termination. Others up the level of major have been given demotions or days off.

    http://www.local10.com/news/29477630/detail.html


    http://www.miamiherald.com/2011/10/11/2449533/report-police-negligence-lies.html

    I realize that this isn't civil liability, but it certainly suggests there can be consequences for supervisors.
     
    Last edited: Oct 13, 2011
  2. RVER

    RVER

    367
    5
    Aug 3, 2004
    PA
    Vicarious liability... On Monday your a patrol officer minding your own business on the street while a squad member is actively choking out a hand cuffed prisoner at the booking center. No problem for you. On Tuesday your promoted to Shift Sergeant (Congrats by the way - enjoy the extra money because your the Dept's newest "fall guy")when the same exact thing happens again. Now you have some splainin to do - alot of it... Just the way it is, always has been, and always will be. Same thing for goes for UOF and EVOC trainers - can you hear the "failure to train" chants yet? Good luck navigating the promotional mine field.
     


  3. razdog76

    razdog76 Heavy Mettle

    3,660
    10
    Sep 26, 2007
    Ohio
    As a supervisor, you are responsible for a subordinate's actions.

    If you know about a subordinate's violation, and fail to do anything about it (misfeasance, malfeasance, or nonfeasance) the hammer will really be able to hit you hard.
     
  4. Bruce M

    Bruce M

    39,444
    10,240
    Jan 3, 2010
    S FL
    I am not a supervisor - what I found interesting about this is how high (Major) discipline/demotions reached up.
     
  5. Pepper45

    Pepper45

    2,086
    1
    Jun 15, 2006
    It can and will reach as high as they can prove who had knowledge of the violations, and didn't do anything about them.
     
  6. Hack

    Hack Crazy CO Gold Member

    Sort of the same here. They factor in several things here. Plus you have to factor in upper crust agency types. It seems here if you mess up mildly and you are not wholly bad you get promoted up. If you seem indispensable for your position you are basically kept there.