Almost from the inception of the modern police force, American police officers have carried guns. Recently, in addition to guns, police forces have started using newly-developed less-lethal weapons. Because the safety of many of these weapons is not clear, several municipalities have refused to provide officers with any form of less-lethal weapon, arming them only with a service revolver. This decision alleviates the potential problems associated with less-lethal weapons, but presents a new issue of whether municipalities can be held liable for shootings that occur because they have not provided officers with any less-lethal alternative. A recent Third Circuit opinion, Carswell v. Borough of Homestead, directly addressed this question. . . .
Jumping the Gun: Can Municipalities Be Held Liable Under 42 U.S.C. § 1983 for Failing to Provide Police Officers with Less-Lethal Weapons?
Dec 2, 2005 | Notes, Number 1, Print Edition, Volume 39