I watched a youtube video of a police chase. We were not told the initial reason for the police chase. Perpetrator is traveling at high speed (70 mph) in breakdown lane and has at least four police/marshal/sheriff chasing him. Police intentionally hit the perpetrator in the left rear causing him to the left across three lanes of traffic where the perpetrator totals a car that had been traveling in the left lane. Injuries unknown. There is no doubt that the proximate cause of the accident was the intentional impact of the police car.
Are the police ever liable? Fired? Tried willful endangerment?
AIUI, the pursuit intervention technique (PIT) is considered to be use of deadly force (especially at high speeds), and is subject to the same rules of engagement: you don’t use it unless you or the public are at risk by letting the pursuit continue.
The police have previously been held liable for, and paid settlements for, wrongful death and injury when innocent bystanders were injured or killed due to police actions. Prime example here, in which $1.65M was awarded to the parents of a toddler who was permanently disfigured when officers recklessly tossed a flash-bang grenade into his crib during a no-knock warrant.
If the cops screw up badly enough, they serve jail time, but this is pretty rare.
I think when a fleeing suspect crashes into you on his own, he’s at fault. But if he crashes into you because he was PIT’d by the cops, then it’s hard to imagine the cops wouldn’t be held liable for damages, just as surely as if they had accidentally shot you while trying to shoot him.
The “Now look what you made me do!” defense? The police had damn well be able to show that the action they took was the only action available at the time, in my opinion.
They could be a target in a civil lawsuit but cities and police departments tend to have much better insurance and much deeper pockets. Suing the fleeing criminal may well be justified but probably not productive.
I would be extremely surprised if each state did not have very specific pursuit guidelines which are set by the Attorney General of the State. I know my state does. If the officer’s actions are within the guidelines and procedures that are in place then he is covered. If he deviates from them he’s screwed.