Magazine_Fall2020REdition_web | 页面 58

RESEARCH
58 FALL . 2020

RESEARCH

Assessing the Impact of Police Body Camera Evidence on Litigation of Excessive Force Cases

Body worn cameras ( BWCs ) were first employed in the United States in 2012 . Soon after the controversial death of Michael Brown in Ferguson , Missouri in 2014 , communities across the nation expedited their implementation of the technology . While many agencies are using BWCs , ranging from very small to very large , some have not been able to employ this equipment . Some of the barriers preventing agencies from implementing BWCs include the cost of equipment and data storage as well as the agencies ’ technology capacity . Despite this , advocates suggest
BWCs offer a variety of much needed benefits for agencies .
First , BWCs can objectively show an event from the officer ’ s perspective . They also serve as a deterrence to bad behavior by citizens and the police . It was also suggested lawsuits could be easily resolved because the quality of evidence being presented in court .
Notwithstanding its benefits , the implementation of new technology always encounters unanticipated consequences . The purpose of this research was to evaluate how agencies ’ use of BWC has affected agencies ability to obtain summary judgement and dismissal of
Notwithstanding its benefits , the implementation of new technology always encounters unanticipated consequences . The purpose of this research was to evaluate how agencies ’ use of BWC has affected agencies ability to obtain summary judgement and dismissal of a lawsuit . a lawsuit . Excessive force claims can be classified into three broad categories .
The first category is composed of meritless claims that have no foundation . In these cases , BWC footage can deter attorneys from initiating litigation they obviously cannot win . The second category are the meritorious claims against an officer in which the defendants should seek an early settlement .
The focus of this research is on the third category that consists of the gray area in which the claims cannot be clearly categorized as meritless or clearly meritorious .
To evaluate these cases and the impact of BWC footage on federal excessive force claims , researchers analyzed every claim under 42 U . S . C 1983 that resulted in a published summary judgement on or prior to December 31 , 2018 . This evaluation did not consider pro se cases of prisoners incarcerated in prison . In addition , partial summary awards were treated as two decisions because both parties were granted a partial win .
Between 2014 and 2018 , there were 65 excessive force cases

58 FALL . 2020