Allen V. the City of Oakland - 1266 Words

Introduction Allen versus the city of Oakland was one of the largest lawsuits filed and won against the Oakland Police Department for police misconduct. Misconduct has always been an issue with law enforcement. Starting in the early years of law enforcement there were policies set to keep officers from committing these actions. In time, the policies have been changed, reconstructed, and updated to increase effectiveness and efficiency. To get a better view on how these policies are implemented, the actions of the police officers in Allen versus the city of Oakland will be examined and the justifications for their actions will be reviewed. Not all actions can be justified though. For those types of actions with no justification, an†¦show more content†¦This law is a practice that states officers are liable for violating constitutional rights by using the backing of the state laws while on duty (Kappeler, 2006). Exceeding rightful power is also under color of law by use of sex ual assault, excessive force, or any intentional acts that end in loss of liberty for an individual (United States Department of Justice, n.d.). The police misconduct provision is another practice that helps keep police officers’ actions controlled. This provision (42 U.S.C. Section 14141) declares that it is illegal for law enforcement officers to practice behavior that withholds a person’s rights, such as excessive force, false arrest, unlawful stops and seizures, discriminatory harassment, and coercive sexual conduct (Federal Bureau of Investigation, n.d.). Department policies have minor differences but most follow similar guidelines and policies. One of the most current policies that have become active is the policy of seeing the threat before shooting. This policy requires officers to see and know what they are shooting at before shooting at the target (Stanley, 2013). The see before shooting policy holds officers liable for excessive force even if the officer res ponds to a shooting and fires without seeing the actual threat (Stanley, 2013). A policy that departments are also now following through with is a policy of independent monitoring teams. This policy allows officerShow MoreRelatedPublic Pension And Pension Reform1486 Words   |  6 PagesPennie v. Reis (1899) O’ Dea v. Cook (1917) ruled that pensions are not a gratuity, they are based on contract law and property rights (HLRA, 1977, 994; Kilgour, 2013, 354). As a result of Dryden v. Board of Pension Commissioners of Los Angeles (1935) public pensions are an independent part of the employment contract. Kern v. City of Long Beach (1947) ruled that the city could not entirely eliminate a pension plan that existed on the date of employment, but could make changes. However, Allen v. CityRead MoreBlack Nationalism Essay2397 Words   |  10 Pagesthe Civil War. 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