LIABILITY MANAGEMENT
high speed vehicle pursuit

Length of Seminar: 1 Day
Instructors: Jack Ryan, J.D.

COURSE OBJECTIVES:

This course focuses on the legal and liability issues associated with the high-risk critical task of vehicle pursuit. Pursuits are broken down into three categories from the standpoint of liability, specifically state law claims, federal claims alleging an unreasonable seizure and federal claims alleging a violation of substantive due process. The conduct of police officers in conducting a pursuit determines the viability of any of the claims a plaintiff may bring.

As with any other law enforcement operation, the risk of a lawsuit can be avoided; diminished; or, at the very least, controlled by policy and training. With proper policy and training the performance of officers in conducting pursuits may be brought into conformity with existing legal mandates.

The course identifies a use of force continuum associated with pursuits. Tactics such as the PIT maneuver, roadblocks, ramming, blocking and discharging of firearms are reviewed to determine when legal principles would justify the particular use of force during a pursuit.

The course reviews trends in state tort actions resulting from vehicle pursuits to identify potential liability gaps that agencies may incur as the result of officer conduct or deficiencies in policy and training.

The course concludes with a review of model policies and best police practice with respect to pursuits. Participants are encouraged to review their own policies and training to determine whether their existing policy and training are up to the generally accepted standards in law enforcement.

As a result of attending this training module, participants will be able to:

• Recognize 3 areas of Pursuit Liability.
• Identify key pursuit conduct indicators deemed historically significant by the courts.
• Identify and understand the use of force continuum as applied to pursuit.
• Identity various tactics utilized during pursuit including: the PIT maneuver, roadblocks, ramming, blocking and discharging of firearms.
• Identify trends in state tort actions resulting from vehicle pursuits.
• Conduct successful review of the current policies based on national model policies and best police practices.
• Develop proper policy and training standards in the areas of pursuit.