Increase in Civil Suits Has a ‘Chilling Effect’ on Police, Panel Told

An increase in the number of civil suits against police officers for actions undertaken in the line of duty has local police officers running scared, a Santa Ana police representative told the California Commission on Crime and Punishment on Wednesday.

Robert Brooks, president of the Santa Ana Police Officers Assn., said that lawsuits against individual police officers in Santa Ana have increased by 50% over the past five years and the fear of being held liable for large damage awards is causing officers to think twice before acting to apprehend some criminal suspects.

“There’s a chilling effect on police officers, and they’re afraid to take action in some cases,” Brooks told the commission, which is traveling to eight California cities to hear testimony on how well the state criminal justice system is working.

‘Very Frustrating’ Trend

Brooks said in a later interview that, although he knew of no damage awards against Santa Ana police officers in the past five years, the “mind-boggling and very frustrating” trend of suing individual police officers has caused police administrators in cities throughout California to restrict the actions of their employees.

“Most (departments) are coming to the point of telling us--without coming right out and telling us--to avoid becoming involved in a vehicle pursuit, the reasoning being that the public is in danger,” he said. “There’s no doubt in my mind that it is also to avoid suits.”

In addition, damage awards, such as a recent $26,500 judgment against three Anaheim police officers accused of unjustly storming a woman’s home, have caused individual officers to be more cautious in doing their job, Brooks said.

‘Subconsciously Holding Back’

“There are highly trained, veteran officers who are subconsciously holding back a little bit. I can’t begin to tell you the gut-wrenching effect on an individual who has to work an eight-hour shift and realizes at the end of it that he might have been involved in a couple of incidents that might bring a lawsuit,” Brooks said.

Brooks blamed the increase in lawsuits on recent California Supreme Court decisions that have broadened the circumstances under which citizens can recover damages from individual police departments and individual officers. However, lawsuits of all kinds have also become more frequent in the past 10 years, he said.

He said the Santa Ana Police Officers Assn. is supporting a state Senate bill that would let cities insure police officers against punitive damage awards. State law currently bars cities from paying those damages, which juries and courts award only when police officers have exceeded their legal authority.