Abstract
Sudden deaths in police or correctional custody after a use-of-force confrontation are emerging as a critical area in civil litigation. This chapter describes the potential civil liability issues commonly associated with wrongful custodial deaths involving deaths following restraint incidents. Liability issues involving standards of care in state courts are examined, as well as the standards for use of force, restraints, and medical care in accordance with actions stemming from claims of negligence and Section 1983. Although many of these lawsuits are settled out of court, those cases that are decided in court yield a number of essential legal issues worthy of concern for police officers and administrators. Custodial deaths normally will produce a civil lawsuit by the estate attempting to demonstrate that the officers and governmental entity should be held responsible for a wrongful death.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Preview
Unable to display preview. Download preview PDF.
References
Silver I. Police Civil Liability. Matthew Bender Newark, NJ, 2001.
Ross DL. Civil Liability in Criminal Justice. Anderson Publishing Cincinnati, OH, 2003
del Carmen RV. Civil Liabilities in American Policing: A Text for Law Enforcement Personnel. Brady Englewood Cliffs, NJ, 1991.
Kappeler V. Critical Issues in Police Civil Liability (3rd ed.). Waveland Press Prospect Heights, IL, 2001.
Ross DL. Assessing in-custody deaths in Jails. American Jails 2001;25(4):13–26.
Kappeler V, Vaughn M, del Carmen RV. Death in detention: An analysis of police liability for negligent failure to prevent suicide. J Crim Justice 1991;19:381–393.
del Carmen RV, Kappeler V. Municipal and police agencies as defendants: liability for official policy and custom. Am J Police 1991;10:1–17.
Chan T, Vilke G, Neuman T, Clausen J. Restraint position asphyxia. Ann Emerg Med 1997;30:578–586.
Ruttenber AJ, Lawler-Heavner J, Ming Y, Wetli CV, Hearn WL, Mash DC. Fatal excited delirium following cocaine use: epidemiologic findings provide new evidence for mechanics of cocaine toxicity. J Forensic Sci 1997;42:25–31.
Ross DL. Factors associated with excited delirium deaths in police custody. Mod Pathol 1998;11:1127–1137.
Wetli CV, Fishbain DA. Cocaine-induced psychosis and sudden death in recreational Cocaine users. J Forensic Sci 1985;30:873–880.
DeLand GW. Restraint chairs, part I: reasonable control aid or the devil’s chair? Corrections Managers’ Report 20 2000;3:33–43
Author information
Authors and Affiliations
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2006 Humana Press Inc., Totowa, NJ
About this chapter
Cite this chapter
Ross, D.L. (2006). Liability and Wrongful In-Custody Deaths. In: Ross, D.L., Chan, T.C. (eds) Sudden Deaths in Custody. Forensic Science and Medicine. Humana Press. https://doi.org/10.1007/978-1-59745-015-7_11
Download citation
DOI: https://doi.org/10.1007/978-1-59745-015-7_11
Publisher Name: Humana Press
Print ISBN: 978-1-58829-475-3
Online ISBN: 978-1-59745-015-7
eBook Packages: MedicineMedicine (R0)