AAC
F a m i ly F r i e n d s
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Know your affirmative duty
Training, hiring and
County Law Update
supervision duties
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n the context of law enforcement and forcement training academy. to: (1) emphadetention, a county has an affirmative Supervision size the prohibiduty to “not be deliberately indifferent On the issue of supervision, Brown won a tion against unto a need for” necessary training, hiring, jury verdict in her favor. Brown v. Bryan Coun- lawful profiling; or supervision. ty Board of Commissioners, 219 F.3d 450 (5th (2) ensure that Mike Rainwater City of Canton v. Harris, 489 U.S. 378 Cir. 2000). The jury’s verdict was appealed. The operating proceRisk Management (1989): The “failure to provide proper train- Court of Appeals affirmed the jury’s verdict, stat- dures adequately Legal Counsel ing may fairly be said to represent a policy for ing that the verdict was supported by evidence implement the which the city [or county] is responsible” if “the that the sheriff knew of that particular officer’s p r o h i b i t i o n need for more or different training” is “so obvi- “exuberant and reckless background” and “his against unlawful profiling (so that all law enous, and the inadequacy so likely to result in the record of ‘taking down’ a number of arrest sub- forcement personnel have copies of, understand, violation of constitutional rights, that the policy jects” (during his first 12 arrests). The Court of and follow the operating procedures); (3) inmakers of the city can reasonably be said to have Appeals ruled that “under certain circumstances, clude foreign language instruction, if possible, to been deliberately indifferent to the need.” § 1983 liability can attach for a single decision ensure adequate communication with residents The city of Canton dealt with the issue of not to train an individual officer even where of the community, and (4) stress understanding training needed to enable officers of and respect for racial, ethnic, to determine whether a prisoner national, religious and cultural required medical care. The U.S. differences and apply such to Supreme Court held that the evithe development of effective and county has an affirmative duty to ‘not dence did not support a finding appropriate methods of carryof deliberate indifference because ing out law enforcement duties. there were “no past incidents of A.C.A. 12-12-1404. be deliberately indifferent to a need ‘deliberate indifference’ to the This applies to all persons medical needs of emotionally disdeputized: When considering for’ necessary training, hiring or supervision. turbed detainees [nor] any other these principles, don’t forget that circumstances that had put the the principles apply to auxiliary city on actual or constructive nodeputies and to any other pertice of a need for additional trainsons deputized. If, for example, ing in this regard.” there has been no pattern of previous constitu- you choose to “deputize” city or town officers, Hiring tional violations . . . [where there is] . . . evi- your grant of your “sheriff” power carries with it In Board of County Commissioners of Bryan dence that would support a finding that it was the duty to “not be deliberately indifferent to a County v. Brown, 520 U.S. 397 (1997), the Su- obvious that the offending officer . . . was highly need for” necessary training, hiring, or supervipreme Court said that a county would be con- likely to inflict the particular injury suffered by sion. Before deputizing auxiliaries or non-counsidered to be “deliberately indifferent” to a nec- the plaintiff.” ty officers, count the additional cost in necessary essary hiring need “where adequate scrutiny of The Court concluded that evidence was suf- training, hiring or supervision. an applicant’s background would lead a reason- ficient in Brown’s case for the jury to have con(Note: Arkansas law limits the use/authority able policy maker to conclude that the plainly cluded that “it was obvious to [the sheriff] that of auxiliary officers.) obvious consequence of the decision to hire the his policy decision not to train [the particular applicant would be the deprivation of a third deputy in question] would result in a constituparty’s federally protected rights.” tional deprivation.” The U.S. Supreme Court remanded Ms. Annual deputy training (Mike Rainwater, a regular contributor to Brown’s case for trial on the issue of whether Arkansas Law: “Each law enforcement agen- County Lines and lead attorney for AAC Risk the county had been “deliberately indiffer- cy shall provide annual training to all officers Management, is principal shareholder of Rainwaent” to a necessary training need for the of- that ... emphasizes the prohibition against [un- ter, Holt, and Sexton, P.A., a state-wide personal ficer in question, an inexperienced officer lawful] profiling ... and stresses ... development injury and disability law firm. He has been a lawwho had been hired and put on patrol with of effective and appropriate methods of carrying yer for more than 30 years, is a former deputy prosno training although he was in line for stan- out law enforcement duties.” ecuting attorney and has defended city and county dard training provided by the state law enA.C.A. 12-12-1404. This annual training is officials for more than 25 years.)
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COUNTY LINES, WINTER 2012
