HUMAN RIGHTS WATCH Shielded from Justice: Police Brutality and Accountability in the United States
San Francisco:

Civil Lawsuits
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In response to a request from Rep. John Conyers of the House Judiciary Committee of the U.S. Congress, the Office of the City Attorney provided the following information regarding police misconduct cases handled by the City Attorney's office from 1993 to 1995.53 All cases resulting in payment were settlements, except for one judgment in 1994. During the three-year period, there were twenty-seven claims resulting in total payments of $1,929,057. In 1993, the city paid $446,324; in 1994, the city paid $755,500; and in 1995, the city paid $727,233. The cases included charges of unnecessary force, unwarranted or unlawful action, sexual harassment, conduct reflecting discredit, neglect of duty, racial slurs, and discourtesy. The Police Commission and the Board of Supervisors must authorize settlements.

In November 1995, voters approved Proposition G, which among other things requires that settlement of civil cases alleging police misconduct must come out of the police department's budget, beginning in fiscal year 1996. At the same time, the city is not allowed to diminish the police force beyond a set level, so if civil suits are paid out of the budget and the department needs more funding, it must go back to the Board of Supervisors and request it. Advocates believe that by making the department track the amounts and request additional funding, this process may focus more attention on officers who are repeatedly sued but not retrained or disciplined appropriately. Advocates also state that the new procedure provides more accountability, because these settlements and judgments can no longer be hidden in a general liability account. A new position has been created within the policedepartment to serve as a risk manager, to monitor and respond to civil suits against the police.



53 Letter from Delia Schletter, Executive Officer in the City Attorney's office, to Rep. Conyers dated May 21, 1996.

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© June 1998
Human Rights Watch