An educated police officer makes better decisions. Never stop learning, and always look for opportunities to learn from peers. Education could come from traditional sources, like department-sanctioned training, advanced degrees, or law enforcement seminars. Learning also comes from informal reviews following critical incidents, such as high-stress vehicle stops. There is always an opportunity to examine our actions and find ways to improve.

In 2018, approximately 61.5 million U.S. residents had at least one contact with police.² Each of those encounters carried risk. As a profession, we should pay close attention to our police reports and document each incident clearly and thoroughly. Aside from our notes, a police report will be one of the only ways to refresh our memories. Never discount supervisory inclusion. Notify a supervisor if you feel like an incident must be documented outside of general procedure.

Prelitigation

Law enforcement strives to maintain the highest ethical standards and make informed decisions, but, unfortunately, even good cops get sued. If the unthinkable happens, do not try to handle it alone. Find someone you trust to help you navigate this turbulent time. Perhaps it is a person who has gone through the process or even a fellow police officer. You will want to talk to someone who knows what it is like to be a member of law enforcement and the effort it takes to make it into the profession.

It is also advisable to engage in your department’s various Employee Assistance Program (EAP) resources. Use this time to understand what is happening and acknowledge the emotional effect. Reach out within the EAP framework and find a clinician. This will provide an opportunity to talk out your emotions with a mental health professional and discover ways to help minimize stress.

Resources

When I — and perhaps you — attended the police academy, there were no classes in the civil litigation process. Today, there are government publications and other resources to help you learn about how a lawsuit progresses through the legal system. For example:

• The United States Courts explains the process of a federal civil lawsuit.³
• The Bureau of Justice Statistics outlines the federal civil justice system with a flowchart, statistics, and definitions.⁴
• The United States District Court of Massachusetts offers a step-by-step guide to filing a civil action.⁵

Your municipality’s attorney will be your primary point of contact. This person will keep you abreast of the timeline and critical issues. They will also prepare you for deposition or courtroom testimony.

Process

Filing a Complaint

A federal civil lawsuit begins with the plaintiff filing a complaint, which is then served to the defendant. This document describes the plaintiff’s damages or injury; explains how the defendant caused the harm; and asks the court to order relief, either through monetary compensation or an end to the conduct.⁶

Preparing the Case

After initiating a federal legal action, the long journey of preparing the case begins. Preparation is important for both the plaintiff and the defendant. It generally involves critical processes, including discovery, during which both parties provide witnesses and documentation expected to be referenced during the case. Additionally, representation may file several motions that seek to clarify issues related to evidence and procedure. The parties involved will also wish to depose witnesses during discovery. During a deposition, both sides will call witnesses to answer questions under oath about the case. This step is conducted for attorneys to gather facts and information that can better prepare them to represent their clients at trial.⁷

Settling Differences

In many civil cases, the parties involved choose to negotiate a settlement. This is generally done to circumvent the expensive and arduous road of a trial. There are several settlement options that parties may agree to, such as arbitration, mediation, and other types of dispute resolution that negate the need for a courtroom proceeding. If a settlement cannot be reached, the court will initiate a trial.⁸

Proceeding

A civil trial is conducted much like a criminal proceeding. Witness testimony, information, and evidence will be presented according to the judge’s application of the rules of the court. Additionally, a court stenographer and clerk will keep an official record of the trial, including testimony, documents, photographs, and other items introduced into the proceedings. Each side will have ample time to close their presentations to the judge and jury.⁹

Closing

If the plaintiff successfully convinces the court that they have been harmed, as shown by a preponderance of the evidence (i.e., more likely than not), a determination of the damages will be made, and an amount is calculated that each defendant must pay. The court may also order other types of relief, such as a declaration of the plaintiff's legal rights.¹⁰ There are generally time restrictions on the process, but it may take months to resolve.

Retaining Counsel

The sacred process that courts follow is designed with justice in mind, and it can be extremely overwhelming for anyone, police officer or not.

If you are not satisfied with your representation and their ability to advocate for you, it may be possible to retain your own counsel. Do not forget that your agency’s attorney has primary responsibility to the municipality that hired them. Consider bringing someone on board who understands the intricacies of police work and your integrity, perspective, and future in law enforcement.

Resiliency

The litigation journey is long and stressful. You may question your motives, distrust coworkers, and resent the public you serve. Additionally, you may avoid any community or workplace interaction out of fear that it might result in another lawsuit. This apprehension is expected following the stress and trauma of litigation.

Resiliency means effectively coping with and recovering from adversity, trauma, or stress. It helps people bounce back from setbacks, maintain well-being during challenging times, and adapt to changing circumstances. Building resiliency is important for personal and professional growth because it enhances the ability to adapt and learn when faced with adversity.¹¹

Find your way toward positivity, and, when appropriate, look for the good in every call for service. Return to your reasons for being a police officer.

Conclusion

If you are named in a lawsuit, harness the support of those around you to build resilience and find the best path forward. Most officers experience involvement in a civil case at some point in their law enforcement journey, and it is rarely career-ending. It is up to us to normalize the conversation surrounding litigation and develop strategies to mitigate shame and isolation during such a difficult time.