Lawsuits involving the police: a content analysis of newspaper accounts

Policing - 2006
Carol A.Archbold1, DanielLytle2, CorneshiaWeatherall3, AnnRomero3, CatherineBaumann3
1Department of Criminal Justice and Political Science, North Dakota State University, Fargo, North Dakota, USA
2Division of Criminal Justice, University of Cincinnati, Cincinnati, Ohio, USA
3Social and Cultural Sciences, Marquette University, Milwaukee, Wisconsin, USA

Tóm tắt

PurposeThe purpose of this paper is to study lawsuits involving the police using newspaper accounts from three large cities in the USA.Design/methodology/approachA content analysis was conducted using 634 newspaper articles from theNew York Times, Chicago Sun‐Times, and theLos Angeles Timesfrom 1993‐2003.FindingsResearch findings reveal how prevalent racial and gender discrimination issues are in lawsuits involving the police; some of the differences in lawsuits filed by police employees compared to those filed by citizens; the extent of disciplinary action taken against police officers named in lawsuits, and any organizational changes (i.e. department policies, procedures, or training) made as a result of lawsuits filed against police agencies.Research limitations/implicationsThe findings from this study are based solely on what the newspapers chose to report. It may be the case that newspapers only report on extraordinary lawsuits involving the police, or lawsuits that result in moderate to large jury awards or settlements.Practical implicationsSince there is currently no national data collection effort focused on lawsuits filed against the police, researchers are left to use the data sources available to them (in this case, newspaper articles).Originality/valueThis paper presents the first study of lawsuits involving the police using newspaper accounts. Previous studies have used survey data, court records, and interviews.

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Tài liệu tham khảo

Alpert, G. and Smith, W.C. (1994), “Developing police policy: an evaluation of the control principle”, American Journal of Police, Vol. 13, pp. 1‐20.

Archbold, C.A. (2004), Police Accountability, Risk Management and Legal Advising, LFB Scholarly Publishing, New York, NY.

Archbold, C.A. (2005), “Managing the bottom line: risk management in policing”, Policing: An International Journal of Police Strategies & Management, Vol. 28 No. 1, pp. 30‐48.

Bailis, D.S. and MacCoun, R.J. (1996), “Estimating liability risks with the media as your guide: a content analysis of media coverage of tort litigation”, Law and Human Behavior, Vol. 20 No. 4, pp. 419‐29.

Belkin, A. and McNichol, J. (2002), “Pink and blue: outcomes associated with the integration of open gay and lesbian personnel in the San Diego Police Department”, Police Quarterly, Vol. 5 No. 1, pp. 63‐95.

Bolton, K. (2003), “Shared perceptions: Black officers discuss continuing barriers in policing”, Policing: An International Journal of Police Strategies & Management, Vol. 26 No. 3, pp. 386‐99.

Cheh, M. (1995), “Are lawsuits an answer to police brutality?”, in Geller, W. and Toch, H. (Eds), Understanding and Controlling Police Abuse of Force, Police Executive Research Forum, Washington, DC.

Chiabi, D.K. (1996), “Police civil liability: an analysis of Section 1983 actions in the eastern and southern districts of New York”, American Journal of Criminal Justice, Vol. 21 No. 1, pp. 83‐104.

Collins, S. (2004), “Sexual harassment and police discipline: who's policing the police?”, Policing: An International Journal of Police Strategies & Management, Vol. 27 No. 4, pp. 512‐38.

Decker, L.K. and Huckabee, R.G. (2002), “Raising the age and education requirements for police officers: will too many women and minority candidates be excluded?”, Policing: An International Journal of Police Strategies & Management, Vol. 25 No. 4, pp. 789‐802.

del Carmen, R.V. and Smith, M.R. (1997), “Police, civil liability, and the”, in Dunham, R.G. and Alpert, G.P. (Eds), Critical Issues in Policing: Contemporary Readings, Waveland Press, Prospect Heights, IL.

Detroit Free Press (2005), Report: Police Misconduct Lawsuits cost Detroit $44.7 Million over 3 Years, Detroit Free Press, Detroit, MI, July 6.

Doerner, W.G. (1995), “Officer retention patterns: an affirmative action concern for police agencies?”, American Journal of Police, Vol. XIV Nos 3/4, pp. 197‐210.

Dowler, K. (2005), “Job satisfaction, burnout, and perception of unfair treatment: the relationship between race and police work”, Police Quarterly, Vol. 8 No. 4, pp. 476‐89.

Dugan, J.R. and Breda, D.R. (1991), “Complaints about police officers: a comparison among types and agencies”, Journal of Criminal Justice, Vol. 19 No. 5, pp. 165‐71.

Franklin, C.J. (1993), The Police Officers' Guide to Civil Liability, Charles C. Thomas, Springfield, IL.

Fyfe, J. (1988), “Police use of deadly force: research and reform”, Justice Quarterly, Vol. 5 No. 2, pp. 165‐205.

Garrison, A.H. (1995), “Law enforcement civil liability under federal law and attitudes on civil liability: a survey of university, municipal, and state police officers”, Police Studies, Vol. 18, pp. 19‐37.

Green, E., Goodman, J. and Loftus, E.F. (1990‐1991), “Jurors' attitudes about civil litigation and the size of the damage awards”, The American University Law Review, Vol. 40, pp. 805‐20.

Ho, T. (2005), “Do racial minority applicants have a better chance to be recruited in predominantly white neighborhoods? An empirical study”, Police Quarterly, Vol. 8 No. 4, pp. 454‐75.

Hughes, T. (2001), “Police officers and civil liability: the ties that bind?”, Policing: An International Journal of Police Strategies & Management, Vol. 24 No. 2, pp. 240‐62.

Human Rights Watch (1998), Shielded from Justice: Police Brutality and Accountability in the United States, Human Rights Watch, New York, NY.

Kappeler, V.E., Kappeler, S.F. and del Carmen, R.V. (1993), “A content analysis of police civil liability cases: decisions of the federal district courts, 1978‐1990”, Journal of Criminal Justice, Vol. 21, pp. 325‐37.

Kappeler, V.K. (2001), Critical Issues in Police Civil Liability, 3rd ed., Waveland Press, Prospect Heights, IL.

Lawrence, R. (2000), The Politics of Force: Media and the Construction of Police Brutality, University of California Press, Berkeley, CA.

Lersch, K.M. and Feagin, J.R. (1996), “Violent police‐citizen encounters: an analysis of major newspaper accounts”, Critical Sociology, Vol. 22 No. 2, pp. 29‐49.

Lonsway, K.A. (2003), “Tearing down the wall: problems with consistency, validity, and adverse impact of physical agility testing in police selection”, Police Quarterly, Vol. 6 No. 3, pp. 237‐77.

MacManus, S.A. (1997), “Litigation costs, budget impacts, and cost containment strategies: evidence from California cities”, Public Budgeting and Finance, Vol. 17 No. 4, pp. 28‐47.

McCoy, C. (1987), “Legal liability: not a crisis”, Crime Control Digest, Vol. 21, p. 1.

Meadows, R.J. and Trostle, L.C. (1998), “A study of police misconduct and litigation: findings and implications”, Journal of Contemporary Criminal Justice, Vol. 4, pp. 77‐92.

Novak, K.J., Smith, B.W. and Frank, J. (2003), “Strange bedfellows: civil liability and aggressive policing”, Policing: An International Journal of Police Strategies & Management, Vol. 26 No. 2, pp. 352‐68.

Robbennolt, J.K. and Studebaker, C.A. (2003), “News media reporting on civil litigation and its influence on civil justice decision making”, Law and Human Behavior, Vol. 27 No. 1, pp. 5‐27.

Schroedel, J.R., Frisch, S., Hallamore, N., Peterson, J. and Vanderhorst, N. (1996), “The joint impact of race and gender on police department employment practices”, Women and Criminal Justice, Vol. 8 No. 2, pp. 59‐77.

Scogin, F. and Brodsky, S.L. (1991), “Fear of litigation among law enforcement officers”, American Journal of Police, Vol. 10 No. 1, pp. 41‐7.

Slonaker, W.M., Wendt, A.C. and Kemper, M.J. (2001), “Discrimination in the ranks: an empirical study with recommendations”, Police Quarterly, Vol. 4 No. 3, pp. 289‐317.

Vaughn, M.S., Cooper, T.W. and del Carmen, R.V. (2001), “Assessing legal liabilities in law enforcement: police chiefs' views”, Crime & Delinquency, Vol. 47 No. 1, pp. 3‐27.

Walker, S. (2005), The New World of Police Accountability, Sage Publications, Beverly Hills, CA.

Walker, S. and Fridell, L. (1992), “Forces of change in police policy: the impact of Tennessee v. Garner”, American Journal of Police, Vol. 11 No. 3, pp. 97‐112.

Walker, S., Alpert, G.P. and Kenney, D.J. (2001), Early Warning Systems: Responding to the Problem Police Officer, National Institute of Justice, Washington, DC.

Worrall, J.L. (1998), “Administrative determinants of civil liability lawsuits against municipal police departments: an exploratory analysis”, Crime & Delinquency, Vol. 44 No. 2, pp. 295‐313.

Worrall, J.L. and Gutierrez, R.S. (1999), “Professional notes – potential consequences of community‐oriented policing for civil liability: is there a dark side to employee empowerment?”, Review of Public Personnel Administration, Vol. 19 No. 2, pp. 61‐70.

Archbold, C.A. and Maguire, E. (2002), “Studying civil suits against the police: a serendipitous finding of sample selection bias”, Police Quarterly, Vol. 5 No. 2, pp. 222‐49.

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