One very obvious cause of the increase in civil actions by police plaintiffs is the increase, as discussed earlier, in the number of injuries (physical and verbal) being inflicted annually upon officers. A greater number of injured officers mean a greater number of tort claims by injured officers.

Attitude of Officers Toward Certain Types of Injury

Another factor, perhaps not quite so obvious, seems to be operating here also. It appears that while the average officer has been reluctant to bring a civil action for a physical assault (particularly where the actual injury is minor), a different attitude may be adopted when it is the officer's reputation which has been damaged. Although precise statistics are lacking, it appears that a large percentage of the civil actions being filed by police plaintiffs are for injuries related to reputation-libel, slander, etc., rather than for injuries to the body. Clearly, many police officers do not regard unjustified verbal attacks upon their professional or personal reputations as being "just part of the job," and they are more ready to seek vindication in court for injuries of this type.

This attitude is of particular significance when one considers that, although both physical and verbal attacks upon police officers are increasing in frequency, the increase in verbal assaults seems to be proportionately greater. The emergence of the false complaint as a deliberate tactic to harass the police has caused a disproportionate increase in this type of attack. This trend, coupled with the difference in attitude being exhibited by officers towards verbal assaults, has undoubtedly accounted for much of the overall increase in police plaintiff suits.

Increase in Litigation against Police Officers

In the past two decades there has been an astronomical increase in litigation against police officers. In certain urban areas of the country, suing the police has become so commonplace that virtually every contact between police officer and civilian carries with it the threat of civil action against the individual officer, his supervisors, the department as a whole, and the city itself. Police civil liability has become a topic of such importance that instruction in the subject is routinely given in police training programs, independent organizations, such as Americans for Effective Law Enforcement Inc., conduct regular workshops for police supervisors to prepare them to deal with the problem, and some departments, e.g. Los Angeles, have even established special divisions or task forces to investigate civil complaints against them.

This increase in litigation against police has, in addition to making law enforcement personnel more aware of the civil side of our legal system, caused many officers to decide to stop being legal sitting ducks and fight back against this "sue-the-cop" trend by utilizing the very same weapons that are being employed against them - lawyers and lawsuits, injunctions and money damages. The reasoning is simply that "if they can do it, why can't I?"

Encouragement of Police Plaintiffs by Law Enforcement Organizations

Injured officers are not being openly encouraged by interested organizations to bring civil actions. Police associations have been particularly active in this regard. For example, police associations in New York, Texas, California, and Pennsylvania are reported to be openly and actively promoting the filing of civil actions by their members, or, in some cases, filing the actions themselves. In some instances, this encouragement has been accompanied by a policy of making legal counsel available to officers interested in filing civil actions. This encouragement has not been confined to local police associations. The International Union of Police Associations openly advocates the use of the civil courts by injured officers, and have provided interested officers with information and guidance towards that end.

Each of these factors has contributed to the increase in litigation by police. The list is not necessarily complete, of course. There are other factors which operate in individual cases to encourage the bringing of civil suits. The point is that, whatever the reasons, the civil action is beyond doubt being increasingly used by American law enforcement officers.

Justification for the Use of Civil Actions by Law Enforcement Personnel

This increasing willingness of law enforcement officers use civil actions is not being regarded with approval by all segments of our society. In fact, as will be noted subsequently, there is substantial opposition to the trend from such varied sources as civil rights groups, the news media, and even law enforcement agencies themselves. A quick examination of the justifications being offered for the increased use of the civil suit by police plaintiffs is therefore necessary.

Continued on Page 5

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