Darrell L. Ross

Understanding case law in high-liability areas and performing the job within a legal framework places a criminal justice agency in the best position to defend against a lawsuit. This handbook addresses the problems confronting criminal justice practitioners and their agencies due to the ever-increasing number of civil liability lawsuits. It introduces the reader to civil liability generally and the federal law specifically, while indicating the steps that can be taken to minimize the risk of litigation. Civil Liability in Criminal Justice is one of very few texts on the subject that combines applicable case law and related liability research, a valuable feature for current and future policy makers and managers. Ross also provides an overview of current case law in high-liability areas, enhancing student knowledge and practitioner job performance.

Civil Liability in Criminal Justice

Ted Chan

Theodore C. Chan

This book specifically addresses sudden in-custody restraint deaths that occur after a violent confrontation. The criteria include: death resulted after a violent confrontation with police or correction personnel; the death resulted after the use of force control measures or restraint that was used; the individual died on scene, during transport, or in a hospital within minutes or hours after the altercation; and the incident involved a person who exhibited behaviors induced by being under the influence of a chemical substance, or whose behaviors were caused by mental impairment.

Sudden Deaths in Custody

Sudden in-custody restraint deaths have emerged as a critical and imp- tant problem for police, correctional, and medical care workers. The scope and magnitude of the problem clearly reveals that the subject matter is worthy of further consideration. Although the frequency of these deaths is very low, the criticality of its occurrence requires attention to the subject matter. The purpose of Sudden Deaths in Custody is to provide current information that addresses the issue from a number of perspectives. It is our purpose to assemble, under one title, current research that addresses the varying facets that underscore the nature of sudden in-custody deaths. The intent is to provide information that can further educate and assist those officers, adm- istrators, investigators, trainers, and medical personnel who must interact, intervene, and make decisions about how to prevent sudden in-custody deaths. Sudden Deaths in Custody specifically addresses sudden in-custody deaths that occur after a violent confrontation. Such incidents may occur after police or correction officers’ intervention, but also include incidents that may occur in a mental health facility or emergency medical field setting. The deaths described in this volume all involve sudden death within minutes or hours of contact preceded by one or more of the following: violent confrontation with police or corrections personnel, forcible control measures, and behavior inf- enced by a chemical substance, or mental impairment. Incidents involving custodial suicides, homicides, accidents, fatal pursuits, or police shootings are excluded.

Darrell L. Ross

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