Spokesmen for Police Support Prop. 51 : ‘Deep Pockets’ Principle Endangers Public Safety, Leaders Say

Leaders of several California law enforcement associations formally announced support for Proposition 51 Tuesday, warning that failure to approve the “deep pockets” ballot initiative could jeopardize public safety.

The officials told a press conference that the state’s current liability doctrine leaves law enforcement agencies open to numerous lawsuits and jeopardizes the safety of both peace officers and the public.

“An officer makes split-second decisions that oftentimes involve life-threatening situations and if he has to hesitate for a moment . . . to worry about his personal liability . . . it may make a difference in someone’s life and that’s intolerable,” said Richard L. Moore, Atherton police chief and vice president of the California Peace Officers Assn.

Proposition 51 would not shield defendants from liability but could limit damages payable.

Under present practice in lawsuits, a defendant such as a government entity can be held minimally responsible for an accident, but because of its “deep pockets” of wealth it can be required to pay all damages if co-defendants are without resources.

Provisions of Measure

If California voters pass Proposition 51 on June 3, defendants would be required to pay only to the extent they were at fault for the non-economic “pain and suffering” damages awarded to a plaintiff. Defendants with available resources would still be required to pay up to 100% of economic damages such as medical costs.

The announcement of support for Proposition 51 by the law enforcement associations puts them at odds with Atty. Gen. John Van de Kamp, who has appeared on television commercials in opposition to it.

E.E. (Ted) Cooke, Culver City police chief and president of the California Police Chiefs Assn., told reporters that Van de Kamp’s opposition was expected. “In every significant matter John Van de Kamp has been the leader of liberal positions, and the fact he’s against Proposition 51 is expected,” Cooke said.