3 ms·
I'd say you're putting the cart before the horse. Currently there aren't very many insurable events, because there is essentially no liability. Correcting basic
by mindslight 2y ago
I'd say you're putting the cart before the horse. Currently there aren't very many insurable events, because there is essentially no liability. Correcting basic liability is the first step to reform.
When a citizen is unjustly harmed, if an officer is not following written departmental policy then that officer should be personally liable, with the department as a jointly-liable fallback (for enabling them). If the officer is following written department policy, then only the department should be liable. This creates an incentive for municipalities to create written procedures that except situations like these (based on both the mens rea vindictiveness, and also the fact the victim had obviously broken no laws).
Note that I'm not proposing some radical departure from known territory, but rather something that is still less than the general liability dynamic that applies to everyone else.
Then if individual officers want insurance they can seek it out themselves, or if a municipality is worried about capitalization issues they can insist on it during negotiations.