Citation

Kappeler VE, Vaughn MS, Carmen RV. J. Crim. Justice 1991; 19(4): 381-393.

Copyright

(Copyright © 1991, Elsevier Publishing)

DOI

10.1016/0047-2352(91)90035-T

PMID

unavailable

Abstract

This article analyzes recent state court decisions (excluding section 1983 cases) in the United States on police liability for negligent failure to protect detainees from self-inflicted injury and suicide. The general duty of care standard is explained, and the circumtances that must be present for the special duty of care by police officers to exist are explored. Legal theories used by courts to establish a cause of action and the types of police conduct in suicide situations are discussed, focusing on cases in which the police have been held liable. In addition to the elements of negligencetheory which form the basis of a legal-conceptual framework, the factors necessary to establish a viable negligence claim are considered. The article concludes with a restatement of contemporary legal principles on police liability for failure to prevent suicide.