Vol. 24 No. 2-The Duty To Train Officers Is Unaffected By The Lack Of Reimbursement Sources

We have been asked to re-issue the following Client Alert Memo which we first published in 2003. It addresses the on-going obligation to provide training to law enforcement officers even when there is a cut back in training funds.  At that time, state funding through POST had been curtailed due to a budget crisis which existed at that time. In light of the current fiscal crisis in California, there appears to be a cut back by agencies in providing training to its officers. As a result, the request was made to, once again, publish this Alert. As always, we urge that you confer with your own agency’s legal counsel for advice and guidance on this, and any other legal, matter. If you wish to discuss this issue in greater detail, please don’t hesitate to contact me at (714) 446 – 1400 or via e-mail at mjm@jones-mayer.com

CLIENT ALERT MEMORANDUM
March 10, 2003
To:  All Police Chiefs and Sheriffs
From:  Martin J. Mayer

THE DUTY TO TRAIN OFFICERS IS UNAFFECTED
BY THE LACK OF REIMBURSEMENT SOURCES

Recently our office has been contacted by a large number of clients inquiring as to whether their duty to train peace officers was mitigated by the lack of reimbursement by P.O.S.T or similar agency.  The answer to this question is a resounding no.  The lack of funding from outside sources does not, in any way, relieve a department of its obligation to train its officers.
The United States Supreme Court has held, “inadequate police training may form the basis for a civil rights claim against the city where the failure to train amounts to deliberate indifference to the rights of persons the police are likely to encounter….The focus must be on the adequacy of a training program in relation to the duties the officers are expected to perform and the identified deficiency, in a city’s training program….

The decision to eliminate training programs or reduce the amount of training, based upon the lack of reimbursement sources, would most likely be viewed, by a court, as deliberate indifference to the rights of others.  Take for example, Davis v. Mason County 927 F.2d 1473 (9th Cir. 1991).  This case involved a Sheriff and several deputies being found liable for civil rights violations arising out of traffic stops which resulted in arrests, beatings and false charges being filed against the motorists.  The inadequacy of the training program, which represented the county’s official policy, constituted a deliberate indifference to the rights of others, as a matter of law.  In sum, your duty to provide training for peace officers is not, in any way, mitigated by the lack of funds to reimburse your department for such training.

            As always, we urge that you confer with your department’s legal advisor before taking action regarding legal matters.  Should you have any questions or wish to discuss this matter in greater detail, please feel free to call Martin Mayer at 714-446-1400 or atmjm@jones-mayer.com.