What makes you think the that his former LEA will be the focus of a civil suit? It is not too far fetched that the LEA will produce documentation that shows that the LEA had been working to address this cop's on the job behavior and sub-standard job performance. As a result, a group of reasonable citizens will conclude, obviously, that the LEA did all that they could reasonably do to address the wayward employee's sub standard performance and unruly behavior.
Why did he retain his job for so long if he was such a "problem child" we might ask...well, we are all about helping our fellow citizens, the LEA may argue, and not just kicking them to the curb for every little infraction, which would be cruel and heartless, the LEA may argue. We had good intentions, the LEA might claim.
We shall see.
Either he was a problem child and should have been sent back for necessary training, instruction and assessment and then placed onprobation to monitor that the training and instruction had taken root, or he woke up that day and "just snapped".
However, his record indicates that he was known to be a problem child. The record does not indicate that his department and/or the town took appropriate and sufficient action.
Yes, even your HR department will explain why "appropriate and sufficient" action is rarely applied. They'll probably tell you why down to the penny.
Does not remove or relieve responsibility and therefore liability.
Which proves exactly what? Other than the town and PD agreed to pay to make the civil suit go away and the family agreed to take the money offered?
There are two reasons to offer a settlement: it is cheaper than going through a trial and paying what would likely be more, as well as costs and expenses; or it is cheaper to make a pest go away than to go to trial, beat them, and get a judgement that will never be paid.
Settlements are the plea agreements of civil litigation. No real justice happens, but it does unclog the court's docket.
stay safe.
