Which party bears civil liability for misconduct by a police officer and their department in a bystander injury scenario?

• A. The officer and the employing agency
• B. The officer only
• C. The agency only
• D. The bystander

Answer: (A)

Civil liability for police misconduct can attach to both the individual officer and the employing agency. The officer is personally liable for his own misconduct. At the same time, the agency can be liable under vicarious liability for the actions of its employees performed within the course and scope of their duties, and also for failures in hiring, supervision, or training that allowed the misconduct to occur. In a scenario where a bystander is injured, the bystander can pursue claims against both the officer and the agency for damages. The bystander isn’t responsible for the officer’s actions, and while the agency’s liability may be based on systemic failures, the officer’s personal liability remains. That's why the combined liability of the officer and the employing agency is the correct understanding.