Examining the Liability Factors of Sudden Wrongful Deaths in Police Custody

Abstract

Use-of-force encounters between the police and violent arrestees have in creased over the past few years. Annually in a small number of these ar rests, the individual suddenly and unexpectedly dies in police custody after a period of intense struggle—frequently in restraints. Such wrongful deaths in custody generate civil lawsuits. This discussion identifies the liability factors associated with these deaths by examining cases filed under tort theories of negligence in state courts and claims filed in federal court un der provision of Title 42 United States Code Section 1983. The analysis addresses standards of using force, medical care and training issues. Rec ommendations for police administrators are also presented.