Leader

Collapse

Announcement

Collapse
No announcement yet.

Protecting your assets in civil suits arising from on duty actions

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Protecting your assets in civil suits arising from on duty actions

    Ive been giving some thought too this recently.. I heard there are certain measures one should/could take as an officer to protect his assets in case of civil lawsuits stemming from on duty actions. My wife and I just recently purchased a home and this topic came up. Any thoughts/advice is much appreciated...

  • #2
    For LAPD, this was very strange and dark territory, until about 15 years ago when they created (1) the Civil Litigation Handbook and (2) quarterly PROACT (Professional Resources for Officers Attending Civil Court) Seminars. The seminars were (are still?) open to cops being sued, his/her spouse, and cops from any So Cal LE agency. LAPD's Risk Management Division can be contacted for details.

    The bottom line is, you need not do anything until the day your defense attorney says you need to.

    The reason the LAPD PROACT seminiars were created was to cut out the BS, myths, and rumors which cops have shared with one, another, over the preceding decades about civil actions. One cop, when served with papers made a plan with his wife to put everything in her name, they divorced (on paper), and she moved out of state in anticipation of the trial...he was dropped as a defendant the week before it started. Another cop stressed so much about his case he had a heart attack and coded on the courthouse steps after his tesitimony. PROACT was created to make sure no one ever did, or had anything, like that happen ever again.
    "You're never fully dressed without a smile."

    Pain is inevitable, suffering is optional.

    Three things I know for sure: (1) No bad deed goes unrewarded, (2) No good deed goes unpunished, and (3) It is entirely possible to push the most devoted, loyal and caring person beyond the point where they no longer give a 5h!t.

    Comment


    • #3
      I always tell officers that the department must cover everything except punitive damages, and may cover punitive damages. Punitive damage awards against police officers are rare, and not large enough to make asset-shielding strategies worthwhile. A tenacious lawyer usually can get at the money anyway.
      Facts do not cease to exist because they are ignored. -- Aldous Huxley
      Two things are infinite: the universe and human stupidity. -- Albert Einstein

      Comment


      • #4
        I pay for the FOP Legal Defense Fund 150 bucks a year, tax write off and will give me a laywer and up to a million in liability coverage.
        Happy to be here proud to serve

        "Well it appears this lock does not accept american express."

        Never trust fire fighters to point out a suspect.

        Comment


        • #5
          I always carried "False Arrest Insurance" through the California Peace Officer's Association. The cost was nominal and the protection varied and worthwhile. They made more money off of me than I had to use through their services. I had about a half dozen suits filed against me during my career - none of which went to trial. They were all withdrawn before any actions beyond the filing. In today's litigious society and poor economy, I am certain that civil actions may rise slightly; but, with good report writing, lawful performance and total honesty, you should not have any great issues - just a little stress.

          CPOA
          Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

          [George Washington (1732 - 1799)]

          Comment


          • #6
            Originally posted by squad51 View Post
            I pay for the FOP Legal Defense Fund 150 bucks a year, tax write off and will give me a laywer and up to a million in liability coverage.
            It can't cover liability for punitive damages, and duplicates what your employer is required to provide, at least in California. It may, however, provide coverage for defense costs if you are prosecuted criminally, and the employer is not necessarily obligated to provide that.
            Facts do not cease to exist because they are ignored. -- Aldous Huxley
            Two things are infinite: the universe and human stupidity. -- Albert Einstein

            Comment


            • #7
              Originally posted by SgtCHP View Post
              I always carried "False Arrest Insurance" through the California Peace Officer's Association. The cost was nominal and the protection varied and worthwhile. They made more money off of me than I had to use through their services. I had about a half dozen suits filed against me during my career - none of which went to trial. They were all withdrawn before any actions beyond the filing. In today's litigious society and poor economy, I am certain that civil actions may rise slightly; but, with good report writing, lawful performance and total honesty, you should not have any great issues - just a little stress.

              CPOA
              Thanks Sarge, but...am I on the wrong LSP page? "At this time, we are not accepting applications from line level personnel..." Why?

              Comment


              • #8
                Originally posted by SgtCHP View Post
                I always carried "False Arrest Insurance" through the California Peace Officer's Association. The cost was nominal and the protection varied and worthwhile. They made more money off of me than I had to use through their services. I had about a half dozen suits filed against me during my career - none of which went to trial. They were all withdrawn before any actions beyond the filing. In today's litigious society and poor economy, I am certain that civil actions may rise slightly; but, with good report writing, lawful performance and total honesty, you should not have any great issues - just a little stress.

                CPOA
                i definetly have no intention of doing anything unlawful and i try to write my reports as well as i can.. I just worry because CA is a sue happy state even more so here in So Cal and even more so in the city of angels! haha I havent been hit yet but i know no matter how right or innocent you are, some lawyer can just spin everything 180 degrees.

                Comment

                MR300x250 Tablet

                Collapse

                What's Going On

                Collapse

                There are currently 3372 users online. 223 members and 3149 guests.

                Most users ever online was 26,947 at 07:36 PM on 12-29-2019.

                Welcome Ad

                Collapse
                Working...
                X