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October 2005

Volume 74
Number 10
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001

Robert S. Mueller III


Contributors’ opinions and statements Features

should not be considered an
endorsement by the FBI for any policy,
program, or service.

The attorney general has determined Developing a Scenario-Based Providing officers with realistic training
that the publication of this periodical is
necessary in the transaction of the Training Program 1 situations will enable them to hone their
skills in a safe environment.
public business required by law. Use By Michael D. Lynch
of funds for printing this periodical has
been approved by the director of the
Office of Management and Budget. Praise holds many important benefits
Praise and Recognition
The FBI Law Enforcement Bulletin
(ISSN-0014-5688) is published
By Tracey G. Gove 14 for employees and the agencies they
work for.
monthly by the Federal Bureau of
Investigation, 935 Pennsylvania
Avenue, N.W., Washington, D.C.
20535-0001. Periodicals postage paid Liability for Failure to Train “Deliberate indifference” is a standard
at Washington, D.C., and additional
mailing offices. Postmaster: Send
address changes to Editor, FBI Law
By Martin J. King 22 of fault that is demonstrated when
government policymakers act with
Enforcement Bulletin, FBI Academy, conscious disregard for the obvious
Madison Building, Room 201, consequences of their actions.
Quantico, VA 22135.

John E. Ott
Associate Editors Departments
Cynthia L. Lewis
David W. MacWha
Bunny S. Morris
9 ViCAP Alert 20 Bulletin Reports
Art Director
Denise Bennett Smith
Missing Person Corrections
Assistant Art Director Sexual Offenses
Stephanie L. Lowe 10 Perspective Forensics
Gratuities Violence
This publication is produced by
members of the Law Enforcement
Communication Unit, Training and
Development Division.

Internet Address

Cover Photo
© Tribute

Send article submissions to Editor,

FBI Law Enforcement Bulletin,
FBI Academy, Madison Building,
Room 201, Quantico, VA 22135.

ISSN 0014-5688 USPS 383-310

Developing a
Training Program
Giving Officers a Tactical Advantage
© Tribute

he nighttime darkness The officer tells the driver to unzip his jacket with his left
splinters with the rhyth- turn off the ignition and drop hand. As the driver does so, the
mic pulsing of red and the keys out of the driver’s side officer notices the front passen-
blue strobe lights. The cruiser’s window. He complies. The ger door starting to open and
spotlights focus on the passen- officer then instructs him to commands the passenger to
ger compartment of a vehicle stick both of his hands out of close it and remain in the
with three occupants. The driver the window, open the door from vehicle. The passenger com-
watches the officer from the the outside latch, and exit the plies. The officer unsnaps his
side mirror as he exits the patrol vehicle. The driver, approxi- holster and instructs the driver
unit, but the passengers’ furtive mately 6' 4" in height and to slowly turn until he tells him
movements cause the officer to weighing nearly 300 pounds, to stop. The driver makes one
pause. Having radioed his obeys. The officer orders him to complete revolution. Then, the
location to the dispatcher, he raise his hands above his head, officer directs him to use his left
now requests any available which he does, but his jacket hand to lift the jacket away
backup and takes a new posi- conceals his midsection. Next, from his body and to continue
tion, using his cruiser as cover. the officer tells the driver to to turn until ordered to stop.

October 2005 / 1
“ The goal with
training is to give
officers seize a large sum of
money and a vast amount of
various controlled substances
from the vehicle. An interview
with the two passengers dis-
officers skills and closes the plot. While comply-
abilities that they can ing with the officer’s orders, the
use in any encounter. driver would try to narrow the
distance between them. When
he got as close as he could, he

Sergeant Lynch is the curriculum coordinator and an instructor

at the West Virginia State Police Academy in Charleston. ” would signal the passengers to
get out of the vehicle by re-
sponding verbally to the officer.
The plan was simple: minimize
the distance, distract the officer,
and then kill him.
The driver obeys. The officer the driver turns suddenly and This deadly charade plays
commands him to repeat the confronts the officer with a almost nightly on the streets
procedure with his right hand, knife drawn from his jacket of America. In this case, the
which he does. The officer tells sleeve. But, to his surprise, he officer was lucky. But, can law
the driver to keep his hands in finds that the officer is no enforcement officers always
the air, to turn and face away longer where he thought he was rely on luck to be with them to
from him, and to walk slowly standing. The cruiser’s lights ensure their safe return home at
backward toward the sound of still illuminate all three sub- the end of each shift? The ques-
his voice. Again, the driver jects, but the officer has tacti- tion is not rhetorical. Rather,
obeys. At this point, the officer cally disengaged into the refuge it reveals an abundantly clear
realizes that the driver has of the darkness. The officer need: officers must prepare for
complied with all of his re- orders the driver to drop the life-threatening events. That
quests but has not said a word. knife, but he refuses and moves preparation involves scenario-
The officer instructs him to stop menacingly toward the direction based training because, as ex-
and get down on his knees. The of the officer’s voice. The perienced officers know, the
driver states that he has bad officer fires three shots, fatally one with the best plan, along
knees and will not comply. At wounding him in the chest, and with a survival mind-set and a
this time, both doors of the commands the two passengers strong will to succeed, usually
vehicle suddenly open and the to remain motionless on the wins.
two passengers begin to exit the ground. Moments later, backup
vehicle. The officer immedi- officers arrive and take the two
ately changes his position, subjects into custody without UNDERSTANDING
draws his service weapon, and further incident. THE CONCEPT
orders all three men to keep A search, incidental to The world has changed
their hands visible and get on arrest, results in removing dramatically since September
the ground face down. The two several weapons from the 11, 2001. Now, more than ever,
passengers begin to comply, but passengers and the driver. The Americans have to consider the

2 / FBI Law Enforcement Bulletin

mind-set of the adversaries who law. Rather than teaching all of will transfer into the field when
have breached this nation’s the particular ways a specific called upon. Officers’ abilities
borders. What are their ideolo- crime is committed, the more to think, move, and react prove
gies? What are they trying to effective means involves teach- critical to their survival. Like-
accomplish? What are their ing the elements that constitute wise, an evaluation mechanism
motivations? What are they the crime. Then, officers can is crucial for measuring the
willing to risk or sacrifice? Are recognize those factors present desired skills and abilities and
this country’s law enforcement in any given situation that show identifying any undesirable
organizations willing to meet a crime occurred. The goal actions. The evaluation always
that level of risk or sacrifice to with scenario-based training should incorporate a critique
stop them? The view of law is to give officers skills and where students receive an
enforcement must change. The abilities that they can use in objective, constructive summary
profession now must become any encounter. of their performance.
more insightful, intuitive, and
proactive in not only enforcing ESTABLISHING TRAINING

laws but also in preventing OBJECTIVES
major critical events. This will The best place to start is at
require using all of the training, Defining training the end. This means listing all
knowledge, skills, and abilities objectives at the of the goals and objectives that
that it has acquired, as well as beginning actually students should meet by the end
developing new strategies and will lay the foundation of the training and then working
techniques. of a scenario-based toward them. Defining training
Scenario-based training is training program. objectives at the beginning
an amalgamation of knowledge actually will lay the foundation

and skills-based training. It of a scenario-based training
incorporates psychomotor program. Using the traffic stop
coordination and reinforces a from the beginning of this
survival mind-set in the student. Sadly, stories abound about article as an example, the offi-
Just as new officers cannot officers in the field picking up cer would have to have a base
learn how to use a firearm in their shell casings after dis- knowledge of motor vehicle and
a classroom setting without charging their firearms or firing criminal law, handcuffing and
practical shooting exercises two rounds and then immedi- mechanics of arrest, and use
on the range, they also cannot ately returning their weapons to of force and the implementation
know how to handle a hostile, their holsters. Why would of intermediate and deadly
fast-paced situation without officers do these things? Be- force weapons. The officer also
training in a realistic, dynamic cause they practiced that way. would need to know how to
setting. This bears witness to the fact identify warning signs, or “red-
Training always should be that officers in the field will flag” behavior, and how to
designed and developed to give revert to their training, even properly approach a stopped
officers the skills to success- though it may incorporate vehicle. Developing a training
fully complete a task. General hazardous dynamics. With this scenario with the example given
training, therefore, can be broad in mind, officers must develop would require establishing some
in scope, as in teaching criminal critical skills and abilities that basic objectives.

October 2005 / 3
Officer Safety to test officers’ abilities to dis- monitoring of the subjects’
The officer stopped his cern which charges may apply. actions and responses to his
approach when he noticed the commands. The bottom line
Interpersonal Skills
furtive movement and red-flag is that officers must have the
The officer clearly commu- skills and abilities to physically
behavior of the vehicle’s pas- nicated what he expected or
sengers. His use of cover and control or subdue an offender.
wanted to happen by directing Unfortunately, many of the
concealment further enhanced specific commands to the driver
his safety. This objective is methods and techniques em-
and passengers. Communication ployed in physically subduing
paramount. Building officer’s is critical, not only for convey-
cognitive skills, perceptions, and controlling a person require
ing directions or commands but frequent practice and numerous
and understanding of tactics also for actively listening for
and safety should become the repetitions. Handcuffing, for
responses. Officers’ abilities to example, can cause problems
foundation of any scenario- hear and perceive threats and
based training program. for some officers. This is a daily
to verbally control and manage activity for them; however, they
the scene constitute major fac- can fall into bad habits without
Knowledge of Law
tors. People usually “size up” refresher training to hone their
The officer had to have a officers by their abilities to skills.
basis or probable cause for the vociferate and take command
stop or other violations com- of a situation. This skill Use of Force
mitted during it, as well as a comprises a component of The officer used the appro-
knowledge of authority. Obvi- “officer presence.” priate force necessary to neu-
ously, to enforce the law,
Subject Control tralize the threat posed by the
officers must know the law. driver and his passengers.
Scenarios should incorporate The officer controlled the Knowing what appropriate force
multiple events and violations situation through careful level to use in a given situation
becomes an issue of safety and
liability. The general guideline
is what is deemed reasonable.1
Safety Issues Many law enforcement agencies
adhere to the “plus one” theory
• Employ safe props and training weapons; no live-fire of an officer going to the next
weapons or munitions higher level of force than that
• Define levels of role player resistance or aggression employed by the offender.
• Use protective equipment Officer Adaptability
• Remove jewelry and other impediments The officer’s ability to shift
• Check site for hazards from a stationary point of cover
to a tactical concealment in the
• Post signs to designate training areas darkness allowed him to main-
• Have first-aid kits readily available tain control of the situation.
This often comprises a difficult
area to help officers improve in

4 / FBI Law Enforcement Bulletin

because it deals more with each not only through their obser- scenarios and act as safety
person’s experiences and vation skills but also via their officers. If they determine that a
cognitive processes. Because abilities to interview and solicit scenario is becoming too vola-
scene dynamics rarely are static the information needed. tile and the probability of an
but more fluid in nature, offic- injury exists, then they must
ers must have the ability to ORGANIZING stop the training. They make
“change gears” as circum- THE PROGRAM sure that the training site is
stances fluctuate. As the num- prepared and the role players
ber of variables and stimuli Personnel Functions understand the scenario’s goals,
increase, many officers find The scenario-based training objectives, and parameters.
themselves unable to adapt and, coordinator oversees the pro- In addition, they evaluate the
unfortunately, can become more gram, selects the facility or site, performance of the role players
susceptible to violent attacks. and prepares it for use. This and the students, as well as
Scenario-based training pro- person establishes the training critique the students at the end
vides an arena for officers to goals and objectives, schedules of each scenario and rate their
safely practice such encounters. the training, and ensures that the performances of the established
training objectives.
Policy and Procedures

Role players, who report to
The officer demonstrated the facilitators, take on a per-
the importance of following his sona as needed by the scenario
agency’s policies and proce- One of the first and create a realistic training
dures by using emergency considerations in dynamic. They provide hands-
lights, radioing his location, and selecting a training on experience for the students
requesting backup assistance. site is identifying and deliver situational aspects
Such actions usually are in- safety issues. within the set parameters of
tended to protect officers and the scenario. At the completion

their agencies from liabilities. of the scenario, they construc-
In the course of training, a tively critique each student’s
scenario may develop not performance.
covered by a policy or proce- facilitators and role players have
dure. If that occurs, creating one everything they need to com- Site Preparation
as a guide for officers to use in plete the training. The coordina- One of the first consider-
similar situations in the future tor evaluates student perfor- ations in selecting a training site
can prove helpful. mance, the effectiveness of the is identifying safety issues. Poor
facilitators and role players, and lighting, exposed or malfunc-
Investigative Skills the overall value of the training tioning electrical wires and
The officer’s subsequent in- program. If deficiencies occur appliances, loose debris, sharp
vestigation and search after the within the program, the coordi- corners, and other problems
initial confrontation provided nator must reevaluate and should be eliminated. The site
the impetus for the incident. develop scenarios that will meet should be equipped to meet the
Evaluating this area can ensure the desired training objectives. training needs. If funds exist,
that officers are not missing or Facilitators, who report to technological advances, such
overlooking valuable evidence the coordinator, control the as cameras, monitors, and

October 2005 / 5
Checklist for Developing a Scenario The goal is to develop students
to where they can evaluate their
Type of Scenario own performance and learn
• Area to be used from their mistakes.
• Number of role players and facilitators needed Each training objective
should be evaluated as it relates
• Number of students to participate to the specific scenario. The
• Props and other needed materials type of scale is not as important
• Time allotted per scenario as the way it is used. Students
should have their own indi-
• Variables involved vidual evaluation sheet to track
Nature of Call and document any areas where
they need additional or remedial
• Probable cause for arrest
training. For example, a form
• Demeanor of role player with a field for each training
• Level of resistance or aggression by the role player objective using a rating scale
• Specific dialogue of 1 to 5 (1 being poor, 3 being
average, and 5 being outstand-
Parameters to Establish ing or excellent) can work well.
• Define the training objectives It also is important to solicit
feedback from the students as
• Predetermine the desired results
to their views of the training
• Select methods of evaluations program.
intercom systems, can help and the number of variables. Before they can train stu-
make the training more effi- As with all physical training, dents, facilitators and role
cient. If the site also is used breaks must be structured to players must receive adequate
for other purposes, scheduling limit the amount of downtime. instruction. Facilitators should
conflicts may arise, which will be seasoned law enforcement
require attention. Evaluation Methods officers with experience in
Evaluations can be com- training. Role players can be
Time Allocation pleted in many ways, but they law enforcement officers or
Time, because of its limits, always must be constructive. civilians. If the agency or
must be managed carefully. After all, students attend train- training site is near a college or
Scenario setup time and turn- ing to learn and know that they university, the scenario-based
around time for the next one, will make mistakes. Therefore, training coordinator may opt to
which also includes the critique critiques and evaluations never contact the drama department
and reset time, must be factored should demean or malign them. and solicit students to perform
into the program. The time Rather, students need to know as role players. The main con-
required to execute a scenario where they performed poorly sideration in using nonlaw en-
will depend on its complexity and also where they did well. forcement personnel for training

6 / FBI Law Enforcement Bulletin

is liability. Dynamic training DEVELOPING respond to by vociferation or
involves certain inherent risks THE SCENARIO physical actions. Role players
of injury, and role players must A great deal of consider- set the stage of the scenario by
understand this. For civilian ation must go into the design establishing facts upon which
role players, a signed liability and development of the sce- the students will then have to
waiver may prove prudent. nario. Just as with establishing determine what action, if any,
Selecting the facilitators and the training goals and objec- to take.
role players will require con- tives, the best place to start is Scenarios can vary from
siderable care as they will be at the end: what to measure or basic and direct to detailed and
directly responsible for the suc- evaluate at the completion of elaborate. The important thing
cess or failure of the program. the scenario. Officer safety to keep in mind is what students
Both must thoroughly under- issues, use of verbal direction should accomplish. The whole
stand the safety issues and limit and command, scene control, purpose of scenario-based
their actions to the desired handcuffing techniques, and training is to subject students
scenario parameters. The role weapon handling and safety to real-life situations in a con-
players specifically must not must appear in the scenario. trolled environment where they
ad lib outside the boundaries of can learn. After all, lessons
the scenario. Clearly designed learned on the street often prove

training objectives for each much more costly, possibly
scenario will help reinforce the involving an officer’s life.
training concept and ensure Determining the
the program’s success. FINDING
scene parameters THE RESOURCES
Obviously, students, espe- allows for planning
cially entry-level ones, cannot Obviously, a training pro-
participate in a scenario without
every aspect of gram will require certain re-
the necessary knowledge, skills, the scenario. sources. Scenario-based train-

and abilities to successfully ing, however, can employ many
complete the training. Student of those that agencies already
preparation is essential for both possess. The training area or
the success of a scenario-based The type of scenario could facility represents a key element
training program and, more im- involve a traffic stop with a because it must allow for the
portant, for an officer’s survival hostile driver, a domestic creation of a realistic training
in an actual deadly encounter. battery with an uncooperative environment. One cost-effective
Such prior training should victim, or possibly a drunk and possibility is using a mobile
include physical conditioning; disorderly subject who refuses home, possibly one seized as
motor vehicle and criminal to leave a bar; all can provide part of a drug forfeiture.
law; laws concerning arrests, endless training situations. De- Other resources include
searches, and seizures; use termining the scene parameters training props and materials
of force; subject control and allows for planning every aspect (e.g., household furnishings,
mechanics of arrest; defensive of the scenario. This includes training weapons and vehicles,
tactics; weapons handling; radio role players having guidelines protective clothing, first-aid
and communication procedures; and exhibiting those character- kits, and two-way radios) and
and crime scene investigation. istics that students should trained personnel. If possible,

October 2005 / 7
agencies can allocate a portion hone their skills and learn new enforcing the law, safeguarding
of their training funds for a techniques. the public they serve, and, most
scenario-based program and Developing a successful important, protecting them-
acquire training props and scenario-based training program selves from those intent on
materials over time. In addition, requires establishing firm train- doing them harm.
law enforcement grants can ing goals and objectives that
offer an alternative solution to provide officers with skills they Endnote
funding issues. can use to complete their tasks For additional information, see
Thomas D. Petrowski, “Use-of-Force Pol-
effectively and safely. Creating icies and Training” (Parts One and Two),
CONCLUSION scenarios that incorporate these FBI Law Enforcement Bulletin, October
In today’s world of terror- goals and objectives can allow 2002, 25-32, and November 2002, 24-32.
ism, law enforcement officers officers to practice a variety of
Sergeant Lynch presented an excerpt
face many new threats that their enforcement techniques and from this article at the Future of Law
training may not have covered. strategies in a safe environment. Enforcement Safety Training in the
To counter this, scenario-based Such realistic training will give Face of Terrorism conference detailed
training offers realistic situa- officers a tactical advantage in the September 2005 issue of the
tions that officers can use to when they face the rigors of FBI Law Enforcement Bulletin.

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8 / FBI Law Enforcement Bulletin

ViCAP Alert
Missing Person

D uring the fall of 1995, Mr. Crist Nelson

Dauberman, Sr., disappeared from his
home in Spotsylvania, Virginia. Mr. Dauberman is
on disability due to post-traumatic stress syn-
Tattoo: “Wendy” on left arm (text)
Fingerprint Code: PI 07 14 13 17
PI 12 12 17 14
drome. Since his disappearance, his family has not Pattern: WU RS RS RS RS WU LS LS LS LS
heard from him. A National Crime Information RS AU WU WU WU
Center (NCIC) search of its unidentified dead data- Place of Birth: Lock Haven, PA
base met with negative results. A financial review
did not reveal any activity on his Veteran’s Admin- Alert to Law Enforcement
istration account or any of his private accounts. Law enforcement agencies should bring this
information to the attention of all crime analysis
Description of Victim units, officers investigating crimes against per-
NCIC Missing Person Number: M373634870 sons, correctional custody units, and missing per-
sons units. Any agency with information regarding
Name: Crist Nelson Dauberman, Sr. this missing person may contact either Detective
Race: White Sex: Male Greg Carter of the Spotsylvania County Sheriff’s
Office, Spotsylvania, Virginia, at 540-582-7200,
Age: 47 at time of incident ext. 277, or gcarter@spotsylvania.va.us; or Crime
Date of Birth: 09/04/1948 Analyst Glen W. Wildey, Jr., of the Violent Crimi-
nal Apprehension Program (ViCAP), Federal
Height: 5’10” Weight: 213 Bureau of Investigation, at 703-632-4166 or
Hair Color: Brown Eye Color: Green gwildeyj@leo.gov.

October 2005 / 9
Gratuities regarding accepting gratuities in other countries.
There is No Free Lunch How and why are the hardest questions to answer
By Mike Corley
because no clear cut rules or boundaries exist for
them when addressing gratuities.
Many scholars and practitioners claim that ac-

I have spent the past 30 years in two Texas

law enforcement agencies. The first was in
cepting gratuities is a precursor to corruption.
While I do not disagree with this point of view,
I have other opinions about this theory. In addition,
a city of about 100,000 where I served 4 years. I offer four experts’ definitions of corruption.1
Then, I moved to Richardson, Texas, a Dallas First, M. McMullan stated, “A public official is
suburb with a population of approximately 90,000 corrupt if he accepts money or money’s worth for
where I have been since 1980. doing something he is under a duty to do anyway,
The policies regarding gratuities vary in each that he is under a duty not to do, or to exercise a
law enforcement agency. When I worked in the legitimate discretion for improper reasons.” Sec-
first department, gratuities, such as free coffee and ond, H. Cohen and M. Feldberg advised, “Corrup-
half-price meals, were acceptable—a common tion involves accepting goods or services for per-
practice for the entire staff. They were not hidden forming or failing to perform duties which are a
or considered a secret. For the most part, I never normal part of one’s job. What makes a gift a
hesitated to accept them while I worked there. gratuity is the reason it is given; what makes it
The Richardson Police Department (RPD), on corruption is the reason it is taken.” Third, J.
the other hand, is completely different. They do not Kleinig said, “Police officers act corruptly when,
allow any gratuities or law enforcement discounts. in exercising or failing to exercise their authority,
The policy in Richardson—a bit of a culture
shock—forced me to make a major adjustment.
Therefore, I have arrived at my opinions on gratu- Assistant Chief Corley
ities after seeing both sides of the issue firsthand. serves in the Richardson,
Texas, Police Department.
The matter of gratuities needs more atten-
tion—law enforcement officers face this situation
every day, but few written opinions exist devoted
primarily to this topic. Gratuities are a sensitive
topic that few people want to address. Authors
write against the dangers of corruption and its
unethical genre. Many officers take a stance
against corruption, but taking one against gratu-
ities proves much more difficult.
Investigators want to answer the basic ques-
tions of who, what, when, where, why, and how.
Who relates to all law enforcement officers and
how gratuities apply to them. What are gratuities
and corruption. When is past, present, and, espe-
cially, the future. Where applies to law enforce-
ment everywhere. Corruption and gratuities con-
cern law enforcement personnel all over the globe,
although cultural differences may be a major factor

10 / FBI Law Enforcement Bulletin

they act with the primary intention of furthering jobs. Does the store owner really expect nothing in
private or departmental/divisional advantage.” Fi- return for that coffee? Probably not. Sometime,
nally, H. Goldstein defined it as “the misuse of and it might be next week, a year, or maybe even 2
authority by a police officer in a manner designed years, that owner will want something. He might
to produce personal gain for the officer or for not ask for a major act of corruption, but he will
others.” I prefer the first definition, published over probably ask, at the very least, for some type of
40 years ago. There is no minor corruption—any special treatment. Nothing is free; everything
and all corruption is major.2 comes with a price, which, for free coffee and half-
price meals, is an officer’s dignity. On the other
Gratuities and Gifts hand, I believe some people truly want to help the
A gratuity, as it applies to this article, is “some- police with nothing expected in return. But, the
thing given without claim or demand.”3 Is some- task of trying to identify them proves too great.
thing truly given to an officer in Officers should assume that ev-
that context? I define gratuity, as eryone expects something for a
it relates to law enforcement of- gratuity, rather than attempt to
ficers, as a “perk” of the job, pre-
sented primarily for appreciation
and easily justified by the officer
and the presenter. Conversely,
“ Gratuities are
not flattering
identify the honest ones. This is
not a pleasant stance to take, but
the alternative is far too risky.

gratuities and gifts are com- to the The Slippery Slope Theory
pletely different, and officers law enforcement E. Delattre suggested that of-
must understand that distinction. image. ficers who accept gratuities start
A gift is “something given vol- down a road that leads to corrup-
untarily without payment in re-
turn, as to show favor toward
someone, honor an occasion, or
4 5
” tion—the primary reason that
law enforcement administrators
must take a stand against such
make a gesture of assistance; present.” One-time acts. Why must we only be concerned with gratu-
offers of appreciation are considered gifts, such as ities if they lead to corruption? Throughout my
an item given to an instructor at the citizen’s police research, I found many authors who quoted and
academy (CPA) graduation banquet. Is it improper agreed with Delattre’s theory of the slippery slope.
for an officer to accept a token of appreciation But, what if we discovered that gratuities did not
from the CPA students? Or, perhaps a Neighbor- lead to corruption? Does that mean that accepting
hood Watch group gives an officer a coffee mug in gratuities would be appropriate? We should evalu-
recognition for an outstanding presentation. In ate gratuities without the slippery slope theory—
both examples, I believe that the acceptance of law enforcement should prohibit gratuities be-
these gifts is proper. Officers can accept the gift— cause it is the right thing to do.
a sincere, one-time token of appreciation—with Gratuities are not flattering to the law enforce-
reverence and dignity. ment image. Officers who accept them lose respect
Is there such a thing as a free cup of coffee? Or, with the community and for themselves. Years
do people and businesses expect something in re- ago, maybe low pay and morale justified that half-
turn? Individuals in the private sector probably price meal. But, today, law enforcement salaries
will say that no such thing as a free cup of coffee or are high enough for officers to pay their own way.
lunch exists. Everybody wants something and We should not look for or accept what amounts to
nothing is free. This also applies to officers on their handouts in the eyes of the citizens we serve. Law

October 2005 / 11
First Doubts
As a patrol officer from 1976 through 1980, I routinely accepted free coffee and half-price
meals. I never knew about a conflict involving this action until I stopped “the CB guy.” In the
late 1970s, citizens’ band radios, or CBs, were extremely popular with the general public.
Many people, not just truck drivers, had them. Many officers had CB radios in their patrol
cars. We talked to each other, citizens, and even offenders. While on patrol one day, I stopped
a vehicle for a minor traffic violation—an expired inspection sticker. I approached the car,
went through the customary procedures of a traffic stop, and wrote the citation while I stood
beside the violator’s vehicle. As I asked the usual questions about name and address, the
violator, who had been very friendly to this point, asked me if I was going to write him a
citation. I replied, “Yes.” He then asked me if I knew that he owned a particular establishment
that fixes police officers’ CBs for free. I replied that I did not know that (I was not familiar
with the business), but that I was grateful for the service. Then, he asked, “Are you still going
to give me a ticket?” I said, “Yes,” and he questioned why I would write a citation to someone
who fixes CB radios for police officers. Without giving it much thought, I explained that if he
was fixing the CBs for free and out of the kindness of his heart, I sincerely appreciated his
kindness. But, if he was expecting something in return, he should charge all of us full price.
This incident was the first time I considered the consequences of gratuities.

enforcement agencies should prohibit gratuities Potential Complications

because they do not approve of the practice, not Law enforcement agencies often find it hard to
just because they fear the slippery slope. maintain a tight policy against gratuities. And, it
Gestures of Kindness usually proves harder on the officers themselves,
By now, many people may incorrectly think rather than on management. Officers usually are
that I am against any gesture of kindness from the embarrassed when they decline an offer of a half-
public. Officers must not confuse kindness with price meal; it takes a lot of courage. Probably one
gratuities. The kindness of a person offering offi- of the most difficult aspects of a policy that prohib-
cers coffee while they write a report at a restaurant its gratuities is not the policy itself, but the prob-
table should not be confused with a gratuity. When lems officers encounter as they try to do the right
people offer lemonade to patrol officers working thing.
radar, should they turn down these gifts? Any of- In the early 1990s, I worked the midnight shift
ficer would be rude to refuse on the basis of not with the RPD. Most of the officers went to a
wanting a gratuity. Officers should accept these 24-hour restaurant located in another jurisdiction.
gifts with sincere appreciation for the giver. The Local law enforcement officers regularly ate there
key remains common sense, which may prove a and accepted offers of a half-price meal. The em-
major flaw in my argument. Common sense cannot ployees constantly charged RPD officers half
be taught, but it can be learned by officers watch- price, even though we repeatedly said we did not
ing others in their departments—specifically, by accept them. When officers tried to pay their bills,
observing leaders backed with easy-to-understand they had to go through a big ordeal to have their
policies. receipts changed to reflect the full price. It caused

12 / FBI Law Enforcement Bulletin

a constant problem for the officers and myself. that mean officers should reject all offers, includ-
About every 2 months, I met with the night man- ing acts of kindness? To the contrary, departments
ager (they often changed) and threatened to ban my should take a stance against gratuities, but ensure
officers from the restaurant. Consequently, some that their personnel use common sense. Also, they
officers justified taking a half-price meal by leav- should keep in mind that although gratuities can
ing a comparable tip, which I believe is the easy lead to corruption, that should not be the primary
way out. Most officers did leave the large tip, but reason to decline them. Instead, agencies should
only because they did not want to go through the adopt policies that reject them because it is the
hassle of getting the receipt corrected. A gratuity right and honorable thing to do. I would like to end
policy clearly must be under- with a quote from H. Scott
stood by both law enforcement Kingwill, publisher of Law and
and the private sector to achieve Order, “Police occupy a special
success—avoiding the problem
does not solve anything. Further,
even if officers leave a large tip,
technically, they still are accept-

...policies regarding
gratuities vary
spot in our society; they are
highly visible and represent what
is decent in our way of life. As
representatives of the law, they
ing a half-price meal. in each must set an example of living by
In another instance, about 2 law enforcement the law. Accepting petty gratu-
years ago, I left the office late, agency. ities, while seeming to be a
was still in my uniform, and met harmless ‘perk’ of the job, actu-
my wife at a restaurant. After our
meal, I looked at the receipt and
noticed the half-price amount. I
” ally takes away a little bit of the
shine of the badge. Through the
years, law enforcement pay
talked to the young man who rang up our ticket, scales have improved. Officers can afford to pay
explained our policy on gratuities, and said how their way. Pride–in their uniform, department, and
much I appreciated the gesture. For several min- position–a plain, old morality, should dictate that
utes, I explained our policy and expressed appre- they do not engage in this petty practice. That free
ciation for his action even though I would have to cup of coffee really is not free. It carries an expen-
pay full price. The young man respectfully listened sive price in honor and respect.”
the entire time I talked. When I finally finished, he
politely informed me that Wednesday night was Endnotes
half-price night for everyone who buys a sandwich. 1
All definitions appear in John Kleinig, The Ethics of Policing
He did not give me a law enforcement discount (Cambridge, UK: Cambridge University Press, 1996), 165-166.
because every customer received the same service. 2
Needless to say, I was extremely embarrassed. A 3
Random House Unabridged Dictionary, s.v. “gratuity,”
policy against gratuities is much larger than the retrieved on May 4, 2005, from http://www.infoplease.com/ipd/
policy itself—daily practice is difficult. A0462470.html.
Random House Unabridged Dictionary, s.v. “gift,” retrieved
Conclusion on May 4, 2005, from http://www.infoplease.com/ipd/
Policies regarding gratuities vary throughout 5
Edwin J. Delattre, Character and Cops: Ethics in Policing,
the law enforcement profession. Obviously, (Washington, DC: American Enterprise Institute for Public Policy
I believe in a policy against gratuities. But, does Research, 1989).

October 2005 / 13
Praise and Recognition
The Importance of Social Support
in Law Enforcement

© Mark C. Ide

M ark Twain once said,

“I can live for 2
months on a good
compliment.” Wise managers in
values and implements this
ideology will create an environ-
ment that helps to alleviate
employee stress, improve
Other perceived main stressors
include external, uncontrollable
factors, such as protracted
periods of low activity inter-
today’s law enforcement agen- morale, increase productivity, spersed with brief periods of
cies will adopt this adage as a and retain personnel. excitement. However, analyses
means for leading employees. of the officers themselves
When used effectively, praise STRESS IN POLICE WORK presented a different picture.
holds many benefits. Empirical One study revealed that they
research, social psychology, Sources perceived most stress as origi-
manager and employee surveys, People commonly consider nating within the workplace.
and motivational experts repeat- violence and danger or the po- Specifically cited were relation-
edly have proven this fact. A tential of such the leading ante- ships with supervisors. One
law enforcement agency that cedents to stress in police work. officer observed, “The most

14 / FBI Law Enforcement Bulletin

stressful call is the one that • heart attacks, ulcers, weight their supervisory skills, and
summons you to headquarters.”1 gain, and other health organizations can provide a
When officers in both the problems.3 more supportive environment
United States and the United The police agency also will for their employees. In this
Kingdom listed significant suffer because of the instances regard, praise—although not
causes of stress, they cited poor of lower morale, inefficiency, a panacea for the mental and
and insensitive supervision increased absenteeism, and physical ailments common to
among the most primary friction with citizens due to police officers—has proven to
sources.2 Additional studies rudeness or poor service that have many benefits that should
evidencing that management ultimately can hurt the bear the attention of today’s
and organizational issues department’s public image. progressive police managers.
accounted for most workplace Stress also exacts far- Societal changes have
stress in the police service have reaching burdens as it not only resulted in police agencies
supported these findings. This affects officers and agencies moving away from the para-
contradicts the long-held belief but also harms families of law military structure of years past.
that factors external to the law enforcement personnel. This Today’s more-educated officers
enforcement organization holds particularly true for their hold degrees in a variety of
primarily lead to stress. spouses, who often experience areas. Gone are the days when
unusually high levels of stress a majority of police applicants
Consequences held prior military experience,
due to the police occupation.4
Stress represents a person’s accustomed to taking orders
internal response to external PRAISE REAPPRAISED without question. Agency
stimuli. Typically, stress associ- Fortunately, unlike many of leaders now utilize coaching
ated with the rigors of police the external stressors of police and mentoring programs better
work is defined as “distress,” work, managers can improve served to influence desired
which occurs when a person
faces challenges beyond regular
coping abilities, resulting in
taxed biological systems and,

in turn, negative mental and
physical effects. Some of the
key consequences of police Praise not only
stress include—
promotes physical
• cynicism and
and mental
well-being but
• emotional detachment from also improves
various aspects of daily life;
• reduced efficiency;

• absenteeism and early
• excessive aggressiveness Sergeant Gove serves with the West
Hartford, Connecticut, Police Department.
and a related increase in
citizen complaints; and

October 2005 / 15
behavior. This manner of lead- an impact on employee mo- that “the grass is greener” in
ing requires praise to build self- rale.”8 Additionally, empirical another agency and will have
esteem within the developing studies have shown that both no feelings of loyalty to their
officer. American and English workers current employer. This can
respond favorably to praise and result in employee turnover,
Mental and Physical Health that it does, in fact, influence negatively affecting the depart-
Ample proof exists that job performance.9 ment. Ultimately, it will cost
stress has debilitating effects on Unfortunately, some man- the agency in new employment,
health and well-being. How- agers fail to focus on employee training, and equipment.
ever, empirical studies also motivation until morale sinks,
have shown that simply using motivation becomes lost, and, Internal Versus
forms of social support, such as ultimately, employees quit.10 External Awards
praise, within the workplace can A reactive response to morale Some police officers will
mitigate the effects of job stress issues, versus a more proactive claim that in lieu of praise and
on physical and mental health.5 recognition, they would rather
© Mark C. Ide
To this end, evidence uncovered receive rewards in their pay-
a substantial buffering effect checks. Does this mean that
whereby social support acts to money serves as a stronger
cushion the blow and make the motivator? Surveys do not bear
perception of stress less severe. this out. In studies dating back
Additionally, studies have to the 1940s, recognition and
found that workers with lower appreciation always have
levels of social support within outranked salaries.12 One recent
the workplace suffered a higher study of 1,500 employees in
prevalence of cardiovascular various work settings revealed
disease in strenuous jobs, such that personalized, instant recog-
as police work, where high nition from managers served as
demands mix with low control.6 the most powerful motivator of
The implications and benefits 65 potential incentives evalu-
of social support are obvious ated, followed by a letter of
as experts cite cardiovascular approach, will make the task of praise written by the manager.13
disease as the leading killer of improving employee attitudes Of course, money would
Americans.7 more difficult than if supervi- motivate if the employer did not
sors nurture behavior and pay a fair salary. However, once
Morale, Motivation, performance from the start. basic monetary needs are met,
and Employee Retention The importance of employee money becomes less important.
Praise not only promotes retention represents another Money is an extrinsic motiva-
physical and mental well-being issue facing police managers. tor—once it is given, it will
but also improves motivation. A Limited job praise and recogni- become expected. Eventually, if
recent survey found that “nearly tion rank as primary reasons money is withheld, employees
100 percent of respondents why employees leave.11 Officers will see this as a punishment
agree or strongly agree that who receive ineffective or no and the reinforced behavior will
giving recognition can make praise more likely will believe stop. However, praise increases

16 / FBI Law Enforcement Bulletin

personal esteem that then be- PRAISE IN THE supervisors to publicly talk
comes an intrinsic motivator— WORKPLACE about feelings. In doing so, they
even if praise temporarily stops, make themselves vulnerable to
the stock of personal pride Breaking Down Barriers others, a condition some may
developed will motivate and In an ideal work setting, find difficult and intimidating,
ensure productivity. praise will come from the top particularly in an occupation
In this regard, Abraham and work down. However, if where, for years, they have
Maslow, a humanistic psycholo- managers do not receive praise hidden emotion to be effective
gist, explained motivation as a themselves, they may not know police officers.17 Many will
series of needs. In his scheme, how to give it. Further, they consider it necessary to learn
lower-order needs, such as may feel that because it does and then practice giving praise.
physiological, safety, and love, not represent part of their All levels of leadership
first must be met. Once these department’s culture, it is not should educate, model, demon-
become satisfied, they cease to strate, and reinforce recognition
motivate.14 Fair compensation and feedback skills.18 Addition-

accords some of these lower- ally, not only should everyone
order needs. Higher-order from the chief down provide
needs, such as self-esteem and …management and recognition but command-level
self-actualization, then moti- staff should hold supervisors
vate. Praise and recognition
organizational issues responsible for providing officer
build esteem needs. Once accounted for recognition. Praise opens lines
satisfied, people seek a state of most workplace of communication, which builds
self-actualization where a desire stress in the trust—leading to motivation.
exists to test their potential. police service…. Employees are the product of
Compensation alone will not their environment. Supervisors,

build this motivation. especially first-line ones, have
Frederick Herzberg, an the opportunity to make an
organizational theorist, further impact and to create a support-
supports the benefits of praise part of their job. Also, supervi- ive workplace. Progressive
over money. He saw two vari- sors are even more prone to leaders will initiate this environ-
ables functioning within the stress due to additional pres- ment even if it is not pervasive
work setting. Salary represents sures required by their position. throughout the agency.
a “hygiene,” or “maintenance,” They confront the same work
factor, something that acts as environment as officers, but Administering Praise
an incentive only to do what is with additional responsibilities, To have maximum effect,
required. If agencies meet all including facing the conse- supervisors must give praise
hygiene factors, officers are not quences for decisions they have correctly. To this end, they can
motivated—they simply are not made and being caught between gauge their efforts by six impor-
dissatisfied.15 Praise and recog- the wants and needs of adminis- tant characteristics.
nition, however, are motivators trators and subordinates. 1) Timely: Praise should
that impel people to do their Additionally, administer- immediately follow the
best work.16 ing praise properly requires laudable behavior and be

October 2005 / 17
specific. This will ensure confidence and help to agitated, or defensive, a
that the individual will increase performance. change to private recogni-
know and likely repeat the 5) Sincere: As trained tion likely will elicit a
desired behavior. observers keenly aware of different response.
2) Appropriate: Supervisors human behavior, police offi- Methods of Delivery
should not give an expres- cers can detect insincerity
sion of praise without and will question the valid- Face-to-face, spontaneous
reason or base it solely on ity of contrived praise. Also, praise represents the easiest
personality. Further, they managers should not con- and, more important, the most
must consider their relation- fuse praise with flattery— desired form. Administering it
ship with the officer insincere praise used largely in the presence of upper-level
(e.g., for a turbulent rela- to win favor. Praise must be managers can help to bolster
tionship, managers must honest, straightforward, and the purpose of recognizing the
give the praise carefully so spoken from the heart. behavior. Supervisors also can
that the employee will see give written recognition. For
it as sincere). an officer who may prefer
private praise, department

3) Given separately: Manag- e-mail and voice mail systems
ers must not correct poor offer less intrusive means of
performance when giving Ample proof communication.
praise. Of course, when exists that stress Supervisors also can con-
disciplining an officer, kind has debilitating sider less spontaneous, more
words can help cushion the effects on health formal ways to recognize
blow. However, supervisors and well-being. officers using departmental
must carefully separate resources. These include—

these instances; if not, • an article in the department
employees will accept future newsletter, be it official or
praise with caution as they unofficial;
steel themselves for the
6) Public or private: Super- • a posted message on an
anticipated criticism to
visors usually should give internal or external Web
follow. They also may
praise publicly. This can site;
suspect insincerity.
build esteem and encourage • a letter written by the chief
4) Administered regularly: others to strive for similar on the recommendation of
Supervisors should praise recognition. However, a supervisor;
not only spectacular acts of managers must proceed with
courage but daily acts of caution as some people truly • a publicly exhibited “wall
solid police work on routine dislike public attention and of fame” board displaying
calls. A type of Pygmalion may prefer praise in private. letters of commendation
effect, or self-fulfilling The type of recognition and citizens’ letters of
prophecy, then will follow. must match the personality. recognition; and
As officers receive recogni- For instance, if during • roll-call praise, if all mem-
tion more often for good public praise an individual bers of a shift performed
work, it will build their appears uncomfortable, well on a recent task.

18 / FBI Law Enforcement Bulletin

CONCLUSION Well-Being,” Select Committee on
Common sense should deem Children, Youth, and Families, U.S. House Wanted:
of Representatives, Washington, DC,
a quick pat on the back for a job May 20, 1991. Photographs
well done not only deserved but 5
James LaRocco, James House,
necessary. Studies and surveys and John French, Jr., “Social Support,
have proven the results of such Occupational Stress, and Health,” Journal
of Health and Social Behavior 21
reinforcing behavior stronger (September 1980): 202-218.
than once believed. Social sup- 6
Jeffrey Johnson and Ellen Hall, “Job
port in the form of recognition Strain, Workplace Social Support, and
and praise serves to increase Cardiovascular Disease: A Cross-Sectional
morale, motivation, and pro- Study of a Random Sample of the Swedish
Working Population,” American Journal
ductivity. Consequently, the
physical and mental health of
employees improve and organi-
of Public Health 78, no. 10 (1988):
American Heart Association, Heart
T he Bulletin staff is
always on the lookout
for dynamic, law enforce-
zations are better served and Disease and Stroke Statistics – 2004 ment-related photos for
run more efficiently. Update (Dallas, TX: American Heart
possible publication in the
Association, 2003).
Police work represents a 8
Roy Saunderson, “Survey Findings of
magazine. We are interested
stressful, difficult, and, at most the Effectiveness of Employee Recognition in photos that visually depict
times, unforgiving occupation. in the Public Sector,” Public Personnel the many aspects of the law
Managers need to recognize Management 33, no. 3 (2004): 255-275. enforcement profession and
officers for their commitment
Christopher P. Earley, “Trust, illustrate the various tasks
to service and show them their
Perceived Importance of Praise and law enforcement personnel
Criticism, and Work Performance: An perform.
value to the agency. Praise Examination of Feedback in the U.S. and We can use either black-
delivers this message and England,” Journal of Management 12,
and-white glossy or color
costs nothing but compassion. no. 4 (1986): 457-473.
Bob Nelson, “The Ten Ironies of
prints or slides, although we
Effective police leaders will prefer prints (5x7 or 8x10).
Motivation,” Strategy and Leadership 27
value and demonstrate this (January-February 1999): 26-31. We will give appropriate
ideology. 11
Bob Nelson, “Dump the Cash, Load credit to photographers when
On the Praise,” Personnel Journal 75, their work appears in the
Endnotes no. 7 (1996): 65-70. magazine. Contributors
1 12
Hans Toch, “Stress in Policing”; Ibid. should send duplicate, not
retrieved from http://www.ncjrs.org/ Ibid. original, prints as we do not
pdffiles1/nij/grants/198030.pdf. Charles Swanson, Leonard Territo,
accept responsibility for
J. Brown and E. Campbell, “Sources and Robert Taylor, Police Administration:
of Occupational Stress in the Police,” Structures, Processes, and Behavior
damaged or lost prints. Send
Work and Stress 4 (1990): 305-318. (Upper Saddle River, NJ: Prentice Hall, photographs to:
U.S. Department of Justice, National 2001).
Institute of Justice, “On-the-Job Stress in 15
Ibid. Art Director
Policing – Reducing It, Preventing It,” 16
Supra note 11. FBI Law Enforcement
National Institute of Justice Journal Linda Davidson, “The Power of Bulletin, FBI Academy,
(Washington, DC, January 2000). Personal Recognition,” Workforce 78, Madison Building,
Leanor Boulin-Johnson, “On the no. 7 (1999): 44-49. Room 201, Quantico,
Front Lines: Police Stress and Family Supra note 9.
VA 22135.

October 2005 / 19
Bulletin Reports

The Bureau of Justice Statistics presents HIV in Prisons and
Jails, 2002. This annual bulletin provides the number of HIV-posi-
tive and active AIDS cases among state and federal prisoners at year-
end 2002. It features the number of AIDS-related deaths in prisons, a
profile of those inmates who died, the number of female and male
prisoners with AIDS, and a comparison of AIDS rates for the general
and prisoner populations. Based on the 2002 Survey of Inmates in
Local Jails, the report contains estimates of HIV infection among jail
inmates by age, gender, race, education, marital status, current of-
fense, and selected risk factors, such as prior drug use. It also includes
information on AIDS-related deaths among jail inmates. Highlights
include the following: between 1998 and 2002, the number of HIV-
positive prisoners decreased about 7 percent, while the overall prison
population grew almost 11 percent; at year-end 2002, 3 percent of all
female state prison inmates were HIV positive, compared to 1.9
percent of males; and in 2002, the overall
rate of confirmed AIDS among prisoners
(.48 percent) was nearly 3.5 times the rate
in the U.S. general population (.14 per-
Sexual Offenses
cent). This publication is available online The Office of Community Oriented Polic-
at http://www.ojp.usdoj.gov/bjs/abstract/ ing Services (COPS) presents Illicit Sexual
hivpj02.htm or by contacting the National Activity in Public Places, which describes the
Criminal Justice Reference Service at 800- problem of illicit public sexual activity and the
851-3420. factors that contribute to it, including partici-
pants, locations, motivations, and transactions.
This guide also poses a number of questions to
help understand the issue and identifies numer-
ous responses to the problem and ways to mea-
sure their effectiveness. This report is available
online at http://www.cops.usdoj.gov/mime/

Bulletin Reports is an edited collection of criminal justice studies, reports, and project findings. Send your
material for consideration to: FBI Law Enforcement Bulletin, Room 201, Madison Building, FBI Academy,
Quantico, VA 22135. (NOTE: The material in this section is intended to be strictly an information source and
should not be considered an endorsement by the FBI for any product or service.)

20 / FBI Law Enforcement Bulletin

Census of Publicly Funded Forensic Crime Laboratories, 2002
reports on the organization, functions, budget and expenditures, staff-
ing, workload, and forensic backlog in the nation’s more than 350
publicly funded crime laboratories. Additional topics include contract-
ing with external labs, quality control, training, and research conducted
by public forensic laboratories. This publication compliments earlier
data collections and statistical reports from the Bureau of Justice Statis-
tics documenting similar issues in forensic DNA laboratories. High-
lights include the following: 91 percent of outsourced requests were
DNA-related, including nearly 13,000 casework requests and 205,000
convicted offender samples in the Combined DNA Index System
(CODIS); a typical laboratory in
2002 started the year with a backlog
of about 390 requests, received 4,900
Violence additional ones, and completed
The National Institute of Justice (NIJ) presents 4,600; and 41 percent of publicly
Reducing Gun Violence: Operation Ceasefire in funded laboratories in 2002 reported
Los Angeles, which highlights the recent effort— outsourcing one or more types of fo-
based on Boston’s successful program—that rensic services to private labs. This
focused on an area of the city experiencing high report is available online at http://
rates of gun violence and homicide. Researchers www.ojp.usdoj.gov/bjs/abstract/
joined with federal, state, and local authorities and cpffc102.htm or by calling the
community groups to design an intervention target- National Criminal Justice Reference
ing gangs involved in the violence. These efforts Service at 800-851-3420.
included prevention services and intensive law en-
forcement to deter gun crime. Participants also pro-
moted the message that all gang members would be
held accountable if any one of them engaged in
violence. Results were mixed, partly because events
precipitated the intervention before the services
component was ready. This NIJ report describes the
program and how government agencies, community
groups, and researchers can form lasting partner-
ships to address violence. This report is available
online at http://www.ojp.usdoj.gov/nij/pubs-sum/
192378.htm or by contacting the National Criminal
Justice Reference Service at 800-851-3420.

October 2005 / 21
Legal Digest

“Deliberate Indifference”
Liability for Failure to Train

I n virtually every instance

where a person’s constitu-
tional rights were violated
by a police officer, a plaintiff
program. This article addresses
the issue of county or muni-
cipal liability under the federal
statute Title 42, United States
In resolving the issue of
liability for failure to train,
focus is placed on the ade-
quacy of the training program
will be able to point to some- Code, Section 1983 (herein- in relation to the tasks parti-
thing the employing entity— after Section 1983), which cular officers must perform.
county or municipality— permits individuals to hold However, it is not enough to
could have done to prevent government employees and, in merely show that a situation
the unfortunate incident. Fre- some cases, their employers will arise and that an officer
quently, where the alleged accountable for violation of taking the wrong course of
violation of rights is caused by rights secured by the U.S. action in that instance will
the use of force by a police Constitution.1 In particular, this result in injuries to citizens.
officer, the injured party will article explores the contours of Even adequately trained officers
attempt to hold the county or employer liability for claims occasionally make mistakes; the
municipality responsible by that the constitutional violation fact that they do says little about
asserting that the harm caused was caused by a failure to the training program or the legal
could have been avoided by adequately or properly train basis for holding a city or
a more adequate training employees. county liable for that mistake.

22 / FBI Law Enforcement Bulletin

A city or county will not be
liable simply because it em-
ployed the officer whose actions
resulted in a deprivation of a
citizen’s constitutional rights.
“ ...a plaintiff must
establish that
Rather, a plaintiff must estab- aware that a training
lish that government policy- program was
makers either were or should inadequate and did
have been aware that a training little or nothing
program was inadequate and did about [it].

little or nothing about the prob-
lem. Which is to say, policy-
Special Agent King is a legal instructor at the FBI Academy.
makers were deliberately indif-
ferent to the harm that would
likely result from the failure to
train.2 indifference may be inferred avoid the particular injury-
“Deliberate indifference” is from the policy makers’ contin- causing conduct.7 The fact that
a standard of fault that requires ued adherence to a training training was imperfect or not in
a showing that government program that they knew or the precise form that a plaintiff
policy makers acted with con- should have known would fail would prefer is insufficient to
scious disregard for the obvious to prevent violations in usual or make a showing of deliberate
consequences of their actions.3 recurring situations.6 In such indifference.8 Such second-
A pattern of constitutional vio- cases, the constitutional viola- guessing could be made about
lations by officers may indicate tion must be a highly predict- almost any encounter resulting
that a lack of proper training, able or plainly obvious conse- in injury.
rather than a one-time negligent quence of the failure to train. While a city or county may
administration of the training A training program must be be exposed to liability only
program or factors peculiar to quite deficient for the deliberate when it deliberately ignores
the officer involved in a single indifference standard to be met. the obvious consequences of
incident, is responsible for the To hold the city or county the inadequacies of its training
plaintiff’s injury.4 If a training liable, a plaintiff must show program, there is no neat set
program does not prevent con- that the level of training was so of rules that permits a city or
stitutional violations and a deficient that it fell below what county to determine with pre-
pattern of injuries develops, is constitutionally acceptable. cision when a consequence
officials charged with the Liability does not attach where will be deemed obvious. Pre-
responsibility of formulating an otherwise adequate training dicting how a hypothetically
policy for the agency may be program has occasionally been well-trained officer would act
put on notice that a new pro- negligently administered. Nei- under a specific set of circum-
gram is needed and a failure ther will it suffice to prove that stances is no easy task, par-
to address the problem may an injury or accident could have ticularly because matters of
constitute deliberate indiffer- been avoided if an officer had individual judgement may be
ence.5 In the absence of a received better or more training involved. Nevertheless, one
pattern of violations, deliberate sufficient to equip the officer to guiding principle is that by

October 2005 / 23
choosing the deliberate indiffer- promulgated by that body’s various alternatives by the
ence standard of liability for officers.”11 Government conduct official or officials responsible
Section 1983 claims, the U.S. by way of its policy, in addition for establishing final policy
Supreme Court has made it to the individual employee’s with respect to the subject
difficult for individuals to hold conduct that directly resulted in matter in question.”15 The
city and county governments the harm, must be identified as assessment of what official
liable for violations of rights causing a violation of a recog- possesses final authority to
secured by the U.S. Constitution nized constitutional right.12 establish policy is determined
based on an alleged failure to A plaintiff seeking to find a by state law. The discretionary
train. city or county government liable decisions of lesser officials will
under Section 1983 must estab- not be imputed to the agency as
Employer Liability lish a causal connection be- actionable policy.16
Under Section 1983 tween the injury and a govern-
In Monell v. Department of ment policy or custom.13 Identification of a “Policy”
Social Services of City of New Generally, three possible
York, the U.S. Supreme Court avenues are open to plaintiffs to

established the fundamental show the existence of a “policy”
principle in the law of munici- that allegedly caused a constitu-
pal liability under Section 1983 ...a plaintiff must tional violation.
that local governments may be show that the level 1) An express written policy
held liable only for their own of training was or an actual directive from a
conduct and not merely for the so deficient that it policy-making official that,
conduct of their employees.9 fell below what is when enforced, causes a
That is, the government entity constitutionally constitutional violation—in
is not vicariously liable for the acceptable. short, an unconstitutional
actions of its police officers policy. Where a plaintiff can

simply because it employed the demonstrate that an existing
officer and the harm was caused policy is itself unconstitu-
while the officer was acting tional when applied as
within the scope of his or her Locating a policy ensures that intended or that a specific
employment. Instead, liability liability attaches only for those action taken or directed by
only attaches to the county or deprivations of constitutional the government itself vio-
city for injury caused by actions rights resulting from the deci- lated a citizen’s constitu-
or omissions attributable to the sions of its duly constituted tional rights, resolving the
government itself.10 Govern- legislative body or of those issues of fault and causation
ment (as opposed to individual) officials whose acts may fairly is relatively straight for-
liability under Section 1983 is be said to be those of the gov- ward. In these cases, there is
restricted only to those cases in ernment itself.14 City or county clear governmental action
which “the action that is alleged government liability under that can be attributed as
to be unconstitutional imple- Section 1983 attaches “where— the cause, or moving force,
ments or executes a policy state- and only where—a deliberate behind the injury of which
ment, ordinance, regulation, or choice to follow a course of the plaintiff complains.17 A
decision officially adopted or action is made from among policy also can be inferred

24 / FBI Law Enforcement Bulletin

even from a single decision adequate steps to safeguard indifference as the standard
made by the highest official constitutional rights.21 Most required to show the existence
responsible for setting failure-to-train cases fall of a policy or custom when a
policy within that area of into this category. Few constitutional violation alleg-
a government’s business.18 training programs are edly results from a failure to
unconstitutional when train. The Court described this
2) Widespread conduct that
applied as intended. For standard as follows:
results in violations of con-
example, a county or mu- Only where a failure to train
stitutional rights, although
nicipality will rarely have an reflects a “deliberate” or
not authorized by any writ-
express written or oral “conscious” choice by a
ten law or policy, that is so
policy permitting the exces- municipality—a “policy” as
permanent and well-settled
sive use of force. Thus, for defined by our prior cases—
as to constitute a custom or
practice with the force of can a city be liable for such
law may serve as the func- failure under Section 1983.
tional equivalent of a writ- Monell’s rule that a city is
ten policy.19 Essentially, a not liable under Section
practice of condoning con- 1983 unless a municipal
stitutional violations must policy causes a constitu-
be established. Because a tional deprivation will not
custom or practice must be be satisfied by merely
established, evidence of alleging that an existing
only a single alleged inci- training program for a class
dent, particularly if it in- of employees, such as police
volved only actors below officers, represents a policy
policy-making level, will for which the city is respon-
typically not be sufficient. sible.... [I]t may happen that
in light of the duties as-
3) An inadequate written liability to attach, it is signed to specific officers
policy or a practice that is necessary to establish the or employees, the need for
not unconstitutional itself existence of a custom or more or different training is
but which reflects deliberate practice—a policy—that so obvious, and the inad-
indifference to persons’ permitted excessive force to equate training so likely to
constitutional rights because occur by demonstrating that result in the violation of
the deficiency causes offi- the municipality deliberately constitutional rights, that the
cers to violate constitutional failed to adequately train its policy makers of the city
rights.20 This is often diffi- police officers in a relevant can reasonably be said to
cult for plaintiffs to estab- respect.22 have been deliberately
lish because the deprivation indifferent to the need. In
of rights is allegedly caused “Deliberate Indifference” that event, the failure to
not by affirmatively uncon- as “Policy” provide proper training may
stitutional acts attributable In City of Canton v. fairly be said to represent a
to the government but by Harris,23 the U.S. Supreme policy for which the city is
omissions or failure to take Court established deliberate responsible, and for which

October 2005 / 25
the city may be held liable if seizure. [The plaintiff] has that the policy makers have
it actually causes injury.24 provided no evidence of actual or constructive notice
Liability should attach defects in the city’s training that a particular inadequacy in
only if the failure to train is a procedures. [The plaintiff] a training program is likely to
“deliberate choice to follow has shown neither that result in a constitutional viola-
a course of action,” and this decision makers continued tion.27 Therefore, in addition to
failure to train must have led to adhere to a training establishing a constitutional
to—caused—the injury in program they know or violation, a plaintiff must make
question.25 This standard en- should have known had the following showings to
sures that isolated instances of failed to prevent officers’ proceed against a government
misconduct are not attributable use of force, nor that a employer under a failure-to-
to a generally adequate policy train theory.28

or training program. The delib- 1) Inadequate training:
erate indifference standard Training must be shown to
requires a high degree of culpa- be deficient in a relevant
bility on the part of the policy
The deliberate
indifference standard respect given the injury
maker. A plaintiff must not only sustained. The focus is
establish defects in training requires a high on the deficiencies in the
procedures but also that policy degree of culpability training program itself, not
makers did nothing to cure on the part of the on whether the particular
those defects when they knew policy maker. officer involved was ad-

or should have known that equately trained.
violations of constitutional
rights would be the obvious 2) Causation: The failure
result. For example, where there pattern of tortious conduct of the program to provide
has been a demonstrable effort by inadequately trained training caused the injury.
to train officers to handle usual officers indicated lack of That is, the injury would
and recurring situations, evi- proper training. At most, have been avoided had the
dence of a single alleged inci- [the plaintiff] has shown a employee been trained un-
dent involving excessive use of single violation of federal der a program that was not
force by an officer typically will rights, which does not alone deficient in the identified
not suffice to prove deliberate permit an inference of respect.
indifference that equates to a municipal culpability and 3) Deliberate indifference:
policy permitting the excessive causation. [The plaintiff] The inadequate training
use of force. has shown that only [the program must be a “policy”
After the 20-week basic- officer] may have acted of the municipality. This is
training course, the city culpably, not the city.26 demonstrated by circum-
required...all officers to Taken together, the often stances that evidence that
attend an annual 3-day intertwined considerations of policy makers—individuals
training program that pro- fault in the form of deliberate with final decision-making
vided updated information indifference and causation authority in the respective
on laws concerning arrest, amount to a requirement that area of municipal responsi-
detention, and search and liability be based on a finding bility—knew or should have

26 / FBI Law Enforcement Bulletin

known about the need for The “Deliberate rights. Training resources may
the identified training but Indifference” Standard appropriately be concentrated
remained deliberately It is possible to discern three on those situations where an
indifferent to that need. closely related requirements that error in judgement by an officer
In Canton, the Court used must be met before a failure to is likely to result in a constitu-
training on deadly force to train will constitute deliberate tional violation. Where a plain-
illustrate the standard of delib- indifference to the constitu- tiff can establish all three
erate indifference. The Court tional rights of citizens.33 First, elements, then it can be said
noted that “city policy makers the plaintiff must show that that the policy maker should
know to a moral certainty that policy makers know to a moral have known that inadequate
their police officers will be certainty that their employees training was “so likely to result
required to arrest fleeing fel- will confront a given situation in the violation of constitutional
ons.”29 Moreover, “[t]he city as opposed to rare or unforeseen rights, that the policy makers...
has armed its officers with can reasonably be said to have
firearms, in part to accomplish been deliberately indifferent to
this task.”30 In such a situation, the need.”34
“the need to train officers in the In Zuchel v. City and
constitutional limitations on the County of Denver, Colorado,35
use of deadly force...can be said the U.S. Court of Appeals for
to be ‘so obvious’ that a failure the Tenth Circuit, found that a
to do so would properly be city police department was
characterized as ‘deliberate deliberately indifferent due to
indifference’ to constitutional its inadequate training of police
rights.”31 Even where the need officers as to the practical
to train would not be obvious aspects regarding use of deadly
to a stranger to the situation, a force. The court concluded that
particular context—such as a the circumstances giving rise to
documented pattern of viola- an unconstitutional shooting of
tions—might make the need events. Second, the plaintiff a suspect by a police officer
for training or supervision so must show that the situation represented a usual and recur-
obvious to a policymaker that a either presents the employee ring situation with which city
failure to do so would constitute with a difficult exercise of police officers were required to
deliberate indifference. Thus, judgment that training will deal, so that the city could be
the Court suggested that “[i]t make less difficult, or that there liable under Section 1983 for
could also be that the police, is a history of employees mis- the officer’s actions. In reaching
in exercising their discretion, handling the situation. There this conclusion, the court
so often violate constitutional must be awareness of a problem referred to a letter from the
rights that the need for further that is susceptible to improve- district attorney to the city
training must have been plainly ment through training. Third, police chief discussing six
obvious to the city policy the plaintiff must show that the police officer-citizen encounters
makers, who nevertheless, wrong choice by the employee involving deadly force that had
are ‘deliberately indifferent’ is likely to cause the deprivation occurred in a 6-week period and
to the need.”32 of a citizen’s constitutional recommending that periodic

October 2005 / 27
shoot-don’t-shoot live training this argument, finding that the how to analyze situations,
should be made part of the city did not properly apply the develop options, and select the
training program to minimize definition of deliberate indiffer- option that minimizes the like-
unjustified shootings. In addi- ence under Canton. In establish- lihood of a violent confronta-
tion, testimony from the district ing deliberate indifference, fo- tion” and “periodic target
attorney was provided at trial to cus must be placed on whether course ‘shoot-don’t-shoot’ live
the effect that it was foreseeable the need for more or different training under street condi-
that officers would be placed in training is so obvious, and the tions.”39 Because the police
situations where they would inadequacy so likely to result in department presented no evi-
have to make decisions on the deprivation of constitutional dence of any attempt to address
whether to shoot. An expert also rights, that the policymakers can the deficiencies of its training
testified that it was predicable be said to have been deliber- program, the court found that
in large cities that police offi- ately indifferent to the need. the evidence was sufficient to
cers would encounter situa- permit a jury to reasonably infer
tions in which they would have that the city’s failure to imple-

to make judgements as to ment some form of periodic
whether to shoot.36 Prior to the live training constituted delib-
incident, the department’s The inadequacies erate indifference to the con-
shoot-don’t-shoot training of that training stitutional rights of the city’s
consisted of a lecture and a program were citizens.40
movie presented to officers identified by an A finding of deliberate
during basic training at the expert witness as indifference requires that the
police academy. The inadequa- the cause of the government has disregarded a
cies of that training program known or obvious risk of harm
were identified by an expert
shooting in question. caused by its failure to develop

witness as the cause of the an adequate training program.
shooting in question. The wit- However, a showing of specific
ness offered the opinion that incidents that establish a pattern
strategic judgement cannot be “Thus, a city is deliberately of constitutional violations is
taught in a classroom—particu- indifferent if 1) its training pro- not necessary to put a munici-
larly based only on the showing gram is inadequate and 2) the pality on notice that its training
of a single film—and that the city deliberately or recklessly program is inadequate. A single
officer, due to lack of training, made the choice to ignore its violation of constitutional rights
handled the situation with the deficiencies.”38 In this case, the combined with a failure to train
suspect as a layperson, rather court concluded that the testi- officers to handle that situation
than a trained professional.37 mony underscored the obvious- is sufficient to trigger municipal
The city argued that as a ness of the deficiency of the liability if the situation was
matter of law, it could not be existing training program. The likely to occur and presented an
found deliberately indifferent district attorney’s letter ex- obvious potential for a constitu-
because it had some shoot- pressly recommended that the tional violation.41
don’t-shoot training and, thus, police department institute In Young v. City of Provi-
recognized the problem and was expanded training in the areas dence, the First Circuit Court of
addressing it. The court rejected of “strategic skills development; Appeals recently addressed the

28 / FBI Law Enforcement Bulletin

issue of municipal liability in a when imputing government always-armed/always on-duty
Section 1983 action in which knowledge of an obvious risk policy after the friendly fire
there was no evidence of a prior of harm as required to show incident such that officers were
similar constitutional viola- deliberate indifference. Even not required to carry firearms
tion.42 Young involved a wrong- when there have been no prior while off duty and provided a
ful death action alleging exces- violations, where a policy or specific protocol for any off-
sive force after the victim, who practice of a police department duty action that was taken.45
was an off-duty officer respond- creates an obvious risk of harm, Although there had been
ing to an incident under the where training would tend to no prior friendly fire incidents,
city’s always armed/always on- reduce that specific type of there was evidence presented
duty policy, was shot by two harm, and where the wrong that the city was aware that such
other officers who were re- decision of an untrained officer incidents were predicable based
sponding to the same incident. will likely result in flagrant on numerous reports from
The city had a use-of-force violations of constitutional police officers of past mis-
training program in place that rights, a municipality may be identifications of off-duty
included judgmental shooting. personnel that did not end with
This training consisted of inter- tragic results. The city was,
active video simulation and live therefore, deemed to be on
range exercises that included notice that interactions between
don’t-shoot scenarios. However, off-duty and on-duty officers
the city did not provide training were probable (a “usual and
that specifically addressed recurring situation with which
identification of officers re- its officers were required to
sponding under its’ always deal”).46 Further, interactions
armed/always on-duty policy between on-duty and off-duty
and had no protocols in place officers are typically high stress
governing off-duty officer situations. In such incidents,
response situations.43 officers tend to fall back on
Although there was no training. That being the case,
evidence of a past friendly fire deemed deliberately indifferent specific training would likely
shooting, the court concluded if it does not afford some train- reduce the inherent dangerous-
that a jury could find deliberate ing that specifically addresses ness posed by intervening
indifference because “the de- the particular potential for harm. armed, off-duty officers. The
partment knew that there was a In Young, there was evidence severity of the consequences
high risk that absent particular- presented that the always of a friendly fire incident were
ized training on avoiding off- armed/always on-duty policy obvious and the need to train
duty misidentifications, and was inherently dangerous to avoid such an occurence was
given the department’s always because without specific train- acknowledged by testimony
armed/always on-duty policy, ing, it was likely that off-duty of police personnel responsible
friendly fire shootings were officers would intervene un- for training.47
likely to occur.”44 wisely and that on-duty officers Deliberate indifference
Young illustrates a number may mistake them for suspects. will not be imputed to a city or
of factors that are considered Indeed, the city also changed its county government based on

October 2005 / 29
its failure to afford specific Conclusion Endnotes
training to better handle un- Liability for failure to train 1
Title 42, U.S.C., § 1983 provides in
precedented occurrences. An will be imposed when it can be pertinent part: “Every person who, under
example is afforded by the demonstrated that a municipal color of any statute, ordinance, regulation
Fifth Circuit case Cozzo v. or custom or usage of any State...subjects
policymaker knew or should or causes to be subjected, any citizen of
Tangipahoa Parish Council,48 have known that inadequate the United States or other person...to the
which involved alleged viola- training was so likely to result deprivation of any rights, privileges and
tions of Fourth and Fourteenth in the violation of constitutional immunities secured by the Constitution
Amendment rights stemming rights that the policy maker can and laws shall be liable to the party injured
from a clearly unlawful eviction in any action at law....”
reasonably be said to have been 2
City of Canton v. Harris, 489 U.S.
following a police captain’s deliberately indifferent to the 378, 109 S. Ct. 1197, 103 L.Ed. 2d 412
allegedly erroneous interpreta- need. The inadequacy of the (1989).
tion of the requirements of a training program must be 3
See Board of County Commission of
temporary restraining order in a obvious and likely to result Bryan County Oklahoma v. Brown, 520
U.S. 397, 117 S. Ct. 1382, 137 L.Ed. 2d
domestic case. Although the in a constitutional violation. 626 (1997).
plaintiff was able to establish 4
Id. at 407-408

that there was a failure to set 5
Id. at 409.
any specific rules or guidance 6
regarding the actions allowed See Palmquist v. Selvik, 111 F.3d
when enforcing restraining
...a municipality may 1332,1345 (7th cir. 1997) (Where town
orders in domestic cases and
be deemed gave police some training on handling
deliberately indifferent suspects exhibiting abnormal behavior,
that there was a direct causal argument that even more training should
connection between the lack of if it does not afford have been given failed.).
training and the alleged viola- some training that 8
See Canton 489 U.S. at 391; Young ex
tion, the court found that there specifically addresses rel. Estate of Young v. City of Providence,
404 F.3d 4, 27 (2005); Grazier v. City of
was no basis for municipal the particular Philidelphia, 328 F.3d 120, 125 (3rd Cir.
liability due to the unprec- potential for harm. 2003).
edented nature of the incident.49 9
436 U.S. 658, 690, 98 S. Ct. 2018,

An unlawful eviction pursuant 2035-36, 56 L.Ed. 2d 611 (1978) (In
Monell, the Supreme Court held that
to a captain’s interpretation of municipalities and other local govern-
a restraining order had never mental bodies are “persons” within the
before occurred in more than 20 Although deliberate indif- meaning of § 1983 and, therefore, are
years of documented sheriff’s ference is most often found in subject to liability based on their actions
department history.50 There was cases that involve inaction in or policies that subjected a person to a
deprivation of a constitutional right but
no deliberate indifference given the face of a pattern of prior that they are not liable merely because they
the lack of prior similar consti- similar constitutional violations, employed the person who actually inflicted
tutional violations and no a failure to act that results in a the deprivation.).
evidence to support a finding single unprecedented incident 10
Id. at 689.
that constitutional violations can support a finding of delib- Id. at 691, 694.
See Collins v. City of Harker
were a predictable consequence erate indifference where the Heights, 503 U.S. 115, 120, 112 S. Ct.
of a failure to afford specific constitutional violation was a 1061, 117 L.Ed. 2d 261 (1992) (It should
training in the interpretation highly predictable consequence be stressed that a local government’s
of temporary retraining orders. of a failure to train. failure to train that results in injury to a

30 / FBI Law Enforcement Bulletin

plaintiff is not actionable under § 1983 inadequate screening of a reserve deputy 2d 176; Young v. City of Augusta, 59 F.3d
unless the failure led to a violation of an applicant by county sheriff does not 1160 (11th Cir. 1995); Atchinson v.
established constitutional right that, in necessarily lead to liability on the part of District of Columbia, 73 F.3d 418 (D.C.
turn, caused the plaintiff’s injuries.). the county for injury caused by that reserve Cir. 1996)).
13 34
Monell, 436 U.S. at 693-94. deputy. For a finding of liability, the plain- Canton 489 U.S. at 388.
14 35
Id. at 694. tiff must establish 1) a constitutional 997 F.2d 730 (10th Cir. 1993).
15 36
Pembaur v. City of Cincinnati, 475 violation and 2) the specific injury that Id. at 740.
U.S. 469, 483, 106 S. Ct. 1292, 1298 occurred was the plainly obvious conse- Id. at 739.
(1986). quence of the hiring decision.). Id. at 740, note 5.
16 22 39
See City of St. Louis v. Praprotnik, Canton, 489 U.S. at 388-89. Id. at 747.
23 40
485 U.S. 112, 108 S. Ct. 915, 99 L.Ed. 2d 489 U.S. 378. Id. at 741.
24 41
107 (1988). Id. at 389-390. Allen, 119 F.3d at 849.
17 25 42
See Brown, 520 U.S. at 407-408. Pembaur, 475 U.S. at 483-84. 404 F.3d 4 (1st Cir. 2005).
18 26 43
See Pembaur at 475 U.S. 480 Ward v. City of DesMoines, 184 F. Id. at 8-10.
(In ordering deputy sheriffs to enter Supp 2d 892, 898 (S.D. Iowa 2002). Id. at 18 (The court cited both the
physician’s clinic without a warrant to See, e.g., Cornfield By Lewis v. “highly predicable consequence language”
serve capiases on third parties in an Consolidated High School Dist. No. 230, of Brown, 520 U.S. at 409, and the “know
investigation of alleged welfare fraud, 991 F.2d 1316 (7th Cir. 1993) (Student to a moral certainty” language of Canton,
county prosecutor was acting as final subjected to strip search failed to state a 489 U.S. at 390 7n.10.).
decision maker for county; therefore, claim establishing deliberate indifference Id. at 11.
county could be held liable under § 1983 by school district so as to support impo- Id. at 10.
for alleged violation of physician’s Fourth sition of liability on failure-to-train theory. Id.
Amendment Rights based on that single Constitutional rights in this area not 279 F.3d 273, 289-290 (5th Cir.
directive.). clearly established and the existence of 2002).
19 49
See Jett v. Dallas Independent only two prior incidents of strip searching Id. (The claim with respect to the
School Dist., 491 U.S. 701. 109 S. Ct. fell short of a pattern of violations suffi- municipality failed because no municipal
2702 (1989) (It is for a jury to determine cient to put the school board on notice policy was shown. The sheriff had the
whether policy making officials’ decision of potential harms to students.). authority as policy maker. There was no
have caused the deprivation of rights at See Palmquist, 111 F.3d at 1345. express policy that authorized the action
issue 1) by policies that affirmatively Canton 489 U.S. at 390, note 10. taken by the police captain and there was
command it to occur or 2) by acquiescence Id. no widespread practice or custom that
in a longstanding practice or custom that Id. fairly represented department policy.
constitutes the standard operating Id. “Having failed to demonstrate the exist-
procedure of the local governmental This three-part test for deliberate ence of a policy, the evidence simply did
entity.); ODonnell v. Brown, 335 F.Supp indifference based on the language used in not substantiate a finding that sheriff...
2d 787, 816 (W.D. Mich. 2004). Canton was enunciated in Walker v. City implemented a policy so deficient that it
See Canton, 489 U.S. at 387 (Canton of New York, 974 F.2d 293 (2nd Cir. was a repudiation of...constitutional rights
expressly rejected the argument that a city 1992), cert. denied, 507 U.S. 961, 113 and was the moving force of the unconsti-
is liable only when the municipal policy S. Ct. 1378, 122 L.Ed. 2d 762 (1993) tutional dispossession of property.”).
is itself unconstitutional. Rather, “if a (Various different tests for municipal Id. at 290.
concededly valid policy is unconstitution- liability based on a failure to train have
ally applied by a municipal employee, the been formulated in several federal circuits; Law enforcement officers of other than
City is liable if the employee had not been all of these tests obviously contain a federal jurisdiction who are interested
adequately trained and the constitutional deliberate indifference component (See, in this article should consult their legal
wrong has been caused by a failure to e.g., Fraire v. City of Arlington, 957 F. 2d advisors. Some police procedures
train.”); City of Oklahoma City v. Tuttle, 1268 (5th Cir. 1992), cert. denied 506 ruled permissible under federal
471 U.S. 808, 822-823, 105 S. Ct. 2427 U.S. 973, 113 S. Ct. 462, 121 L.Ed. 2d constitutional law are of questionable
(1985). 371; Allen v. Muskogee, Oklahoma, 119 legality under state law or are not
Brown, 520 U.S. at 411 (Due to F.3d 837 (10th Cir. 1997), cert. denied, permitted at all.
difficulty in establishing causation, 522 U.S. 1148, 118 S. Ct. 1165, 140 L.Ed.

October 2005 / 31
FBI Law Enforcement Bulletin
Author Guidelines
GENERAL INFORMATION leb/leb.htm for the expanded author guidelines,
The FBI Law Enforcement Bulletin is an which contain additional specifications, detailed
official publication of the Federal Bureau of examples, and effective writing techniques.
Investigation and the U.S. Department of Justice. PHOTOGRAPHS AND GRAPHICS
Frequency of Publication: Monthly.
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to 3,500 words (8 to 14 pages, double-spaced). articles on relevance to the audience, factual
Submissions for specialized departments, such as accuracy, analysis of the information, structure
Police Practice and Case Study, should contain and logical flow, style and ease of reading, and
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Format: Authors should submit three copies period or accept articles previously published or
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32 / FBI Law Enforcement Bulletin

The Bulletin Notes
Law enforcement officers are challenged daily in the performance of their duties; they face each
challenge freely and unselfishly while answering the call to duty. In certain instances, their actions
warrant special attention from their respective departments. The Bulletin also wants to recognize
those situations that transcend the normal rigors of the law enforcement profession.

Sergeant Lewis Warner of the Port Dickinson, New York, Police

Department responded to a structure fire. Upon arrival, he immediately
radioed that a large two-story commercial and residential building was
fully engulfed in flames and that people were trapped in the numerous
second-story apartments. Sergeant Warner quickly entered the front door
and blindly made his way through the heavy smoke up the stairs and into
the second-floor hallway, where he heard the sounds of someone strug-
gling. As he could only hear the distressed resident, Sergeant Warner
reached out, took hold of the disoriented man, and escorted him out of the
extreme heat and darkness to safety outside. Sergeant Warner demon-
Sergeant Warner
strated selflessness and bravery while saving this man’s life.

Early one morning, Officer Ross Snyder of the Orem, Utah, Depart-
ment of Public Safety was the first responder to a house fire. Upon arrival,
he was notified of a man inside and heard the victim cry for help and advise
that he could not walk. Officer Snyder immediately entered the burning
house and crawled beneath the dense smoke. He began communicating
with the man and using a flashlight as a beacon. The victim advised that he
saw the light and that he was in the kitchen. Officer Snyder located the
vinyl flooring but had to search the room for the now-unconscious man.
After finding him, he carried him outside to safety. The victim was treated
for minor injuries and released from the hospital the next day. The brave
Officer Snyder
actions of Officer Snyder saved this man’s life.

Corporal Roger Camp of the Ouachita Parish, Louisiana, Sheriff’s

Department responded to an incident involving a girl that had a drug
problem and was facing arrest by another law enforcement agency. Corpo-
ral Camp was advised that she had left her house and entered the woods
while carrying a large amount of prescription medicine that she planned to
use to kill herself. He and the victim’s father searched the woods until they
found the unconscious girl. Corporal Camp lifted the victim and carried her
a long distance until he was able to transport her to the hospital. This officer
displayed the utmost professionalism during this incident.
Corporal Camp
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Established in 1854, Leavenworth was the first The patch of the Palm Bay, Florida, Police
city in Kansas. The patch of its police department Department features a Native American woman
was adapted from the state seal and pictures an scattering flowers. Also pictured are palm trees, a
outrider following a Conestoga wagon drawn by river with a steamboat, a cabbage palmetto tree,
oxen. This scene represents the numerous wagon and a brilliant sun in the background.
trains that traveled the Santa Fe and Oregon Trails
through Leavenworth.