Determinant Factor week 2 discussion 2
While examining how federal statues and
court decisions affect law enforcement training, relate deliberate indifference to the actions or training conducted by
the organization or municipality. What circumstances in City of Canton v. Harris brought about the court’s evaluation of
deliberate indifference? How do
federal statutes impact or influence inadequate or improper training by law
enforcement, specifically through Title 42, U.S. Code, Section 1983? Does a
finding of deliberate indifference
take into consideration either the inability or unwillingness to follow or
understand the specific training?
Law enforcement training has
become a major issue, since the inadequate training of a police officer can
lead to violation of constitutional rights of the person the police come into
contact with. A Federal statute is published as public or private by the two
chambers and in the house of congress. It may collide with the justice system
ran in a municipality and also conflict with the justice system. The federal
statute also influences the training of the law enforcers in that it may
require the municipality to apply a certain level of training in its officers.
However the court may hold the
municipality liable to the poor training given to the officers, this leads to a
deliberate indifference. In case of a case where a citizen’s right are violate
due to lack of knowledge from the law enforcers the municipality will be held
responsible due to failure to train its police officers. A municipality may, in
certain circumstances, be held liable under 1983 for constitutional violations
resulting from its failure to train its employees.
Administrators understand the need for their officers to
be properly trained, and educate. Police Departments even raised the minimum of
the education requirements. Although, hen the budgets re cut, training is the
first budget item to cut. Lack of money is the first reason.
The United States
Supreme Court made it clear that training police personnel is a critical
managerial responsibility with their ruling in Canton v. Ohio (1989). City of Canton v. Harris 489 U.S. 378 (1989)
is significant because the Court expanded the standard of deliberate
indifference claims against administration for failing to train their officers”
In City of Canton v.
Harris the issue of deliberate indifference was brought about by a Mrs. Harris
who was arrested and despite her pleas to get medical attention she did not
receive it. On several occasions Mrs. Harris fell on the floor and she was
finally left to lay on the floor and still no medical assistance was summoned
for her. After her release she filled a suit against the city for the violation
of her rights. The jury ruled in her favor, and the municipality was found
liable to failing to train its police force on how to deal with such issues (United State, 1989). City
There are a certain number of state mandated training
hours and courses officers must attend each year. one study pointed out that within 6 to 18
months of cutting training, lawsuits will begin to be filed under Title 42,
U.S. Code, Section 1983, for failure to train (Rutledge, 2009, p. 3).
The federal statute may
influence the improper training of law enforcers especially in the occurrence
that an individual at hand is dangerous, it may lead to the deprival of some
human rights which is contrary to the Title 42, U.S. Code, and Section 1983
clause. In some instances the individual may be denied access to a lawyer
during interrogation, in this instance his rights get violated.
In general a deliberate
indifference takes into consideration the unwillingness to follow the training
however in some instances it requires that the training not to be followed and
the court fails to acknowledge this. Hence it’s mandatory for this clause to be
revised in order to enable proper investigations to be conducted.
A Law Enforcement
Officers job is stressful. What can help minimize some of the stress is making
sure Law Enforcement Officers are properly trained. “While police have long considered themselves
to be professionals, they have lacked two crucial elements: adequate training
and freedom of discretion” (Pratt, 1992, p.103).
(n.d.). The Cost of Inadequate Training. Retrieved from www.wiu.edu/.../
Pratt, C. E. (1992). Police Discretion. Law
& Order, 40(3), 101-107.
Rutledge, D. (2009). Saving money through training. Police, 33(5),
United States. (1989). City of
Canton, Ohio v. Harris et al: Certiorari to the United States Court of Appeals for the Sixth Circuit. United
States: publisher not identified.