Organizational factors that contribute to police deadly force liability

Hoon Lee and Michael S. Vaughn

Journal of Criminal Justice, 2010, vol. 38, issue 2, 193-206

Abstract: Police use of deadly force is a significant concern for municipal policymakers and law enforcement agencies. Following U.S. Supreme Court case law, police agencies and municipal entities may be held civilly liable under Section 1983 for force that is not objectively reasonable; for failure to train; and for policies, customs, and practices that cause constitutional injury. This article analyzes eighty-six cases from the U.S. District Courts and the U.S. Courts of Appeals on Section 1983 liability regarding police use of deadly force. The article focuses specifically on police firearm use in deadly force situations, highlighting how managerial disorganization and administrative breakdown impacts departmental decision making. Principles of management, such as division of labor, hierarchy of authority, span of control, unity of command, and communication are used to explain bad shootings that lead to potential police liability.

Date: 2010
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