4.12 Officers named as Defendants
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Centreville Police Department Title: Officers named as Defendants Directive #: 4.12 Issued: 10.1.2016 Revised: 7.12.2018 / Rev. #1 Approved by: Kenneth N. Rhodes Chief of Police A. Purpose To establish procedures that will be followed when an officer is named as a defendant in a criminal or civil case stemming from acts or omissions within the scope of his public duties.
B. Policy The CPD will follow all State laws regarding work-related civil liability claims against officers and reimbursement to officers for counsel fees stemming from criminal investigations or prosecutions.
C. Procedures
1. Sovereign Immunity
a. Officers who are sued for tortious acts or omissions within the scope of their public duties (e.g., false arrest, excessive force, false imprisonment, illegal searches) and which are made without malice or gross negligence are immune from suit.
(1) It is a common practice, however, for civil plaintiffs to name and sue the officers who were
involved in the underlying events leading to the cause of action.
(2) The Town may also be sued for the above-described actions.
(3) In a case where the suit alleges that the officer acted with malice or gross negligence, the
officer may not have immunity.
b. An officer who is served with a suit must immediately forward the summons and complaint, any written reports pertaining to the incident to the Chief of Police, so that it may be forwarded to the Town Legal Counsel and Insurance Company.
Page 1 of 2 c. An Officer who is served with a suit, should also contact their private legal counsel.
2. Civil Suits
a. Representation
(1) Subject to subsections (2) and (3), below, an officer who is sued for any act or omission that is
within the scope of employment and is made without malice or gross negligence will be represented by the Town Legal Counsel.
(2) In each case, the Town Legal Counsel will determine whether the office will represent the officer.
If the Town Legal Counsel decides the Office will represent the officer, the Office will prepare and forward to the officer and representation agreement that the officer must sign.
(3) The Town Legal Counsel’s Office may employ outside counsel to defend the officer when, in the
sole discretion of the Town Legal Counsel, it has been decided that the Town Legal Counsel’s Office should not represent the officer.
3. Criminal Charges
a. An officer who is charged with a criminal offense or who is under investigation by a law enforcement agency may not be represented in those proceedings by the Town Legal Counsel.
b. Any officer or CPD personnel that is charged with any criminal offense in any state or jurisdiction, whether by citation, summons or any other instrument, shall immediately report the incident to the Chief of Police.
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