Page 205 - Critical Tasks in Law Enforcement 2020-2021 Sessioin
P. 205

Task: Participation of Chief






          Pembauer v. Cincinnati, 475 U.S. 469 (1986).





               In cases where the final policy  maker (the police chief in many

               instances) is involved in a decision that impacts the rights of

               individuals, agency liability may attach.





               In cases where the chief of police is on the scene of some police

               event and makes decisions that in some way causes a constitutional

               injury, the agency may be liable based on this single event as if a

               written policy in conformity with that decision was in place.














                                     ©2021 Jack Ryan  Legal & Liability Risk Management Institute                                   204
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