HD13 - Report of the Virginia State Crime Commission on Law Enforcement Liability Insurance

  • Published: 1976
  • Author: Virginia State Crime Commission
  • Enabling Authority: House Joint Resolution 124 (Regular Session, 1974)

Executive Summary:

The job of a law enforcement officer is neither an easy nor a safe one. Often times localities make tremendous demands of their police personnel. Many officers are on call 24-hours a day on a seven-day-a-week basis. There are times when a law enforcement officer must act without regard to his own personal safety or other risks connected with the law enforcement function in the performance of his duties.

Today, a law enforcement officer is required to meet higher standards than ever before. He is also personally liable for any negligent acts which may occur in the performance of this duty. Often it is necessary for him to make fast judgments without benefit of time to evaluate or study the circumstances which require action. If, on the one hand, he acts decisively to perform his duty in a tense or dangerous situation, he may be subject to accusations of wrongful actions. On the other hand, if he should hesitate to make a decision, his efforts to aid may be futile. With the increase in public contact in the expanding role of law enforcement, the officer is continually placed in an uncertain position.

Within recent years, the incidence of civil suits brought against law enforcement officers has been steadily increasing. According to a nationwide survey sample by the International Association of Chiefs of Police, the total number of suits filed against police during the period from 1967 to 1971 increased over 100%. While over 81% of these suits were won by the police, damages awarded have ranged up to $3,000,000 with an average of $3,024(*1).

The General Assembly recognized the problem law enforcement officers face and, in 1974 through House Joint Resolution 124, directed the Virginia State Crime Commission to make a study of insuring these officers against civil liability.

The Commission appointed a subcommittee headed by Delegate A. L. Philpott to conduct the study. Other members of the subcommittee were Delegate Claude W. Anderson and Delegate John L. Melnick.
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(*l) Survey of Police Misconduct Litigation 1967-1971, Americans for Effective Law Enforcement, Inc., AELE Publications: Evanston, Ill.) 1974, p. 5.