RESEARCH
The average number of successful claims increased from 33 in 1990 ’ s to 39 in 2010 ’ s , a 18.2 % increase . However , the total annual “ payouts increased 10-fold from $ 400,000 to $ 3.97 million ” between 2013 and 2015 . The average payout increased from $ 4,000 to $ 40,000 each .
The researchers evaluated three possible explanations for the increase in claims including : the selection of claims had improved , the frequency of events had decreased but policing harms became more severe , and finally , the public ’ s response to policing harms had grown more punitive . The researchers could find no evidence to support the first two explanations .
While most claims are settled out of court , they suggest the ‘ current scrutiny of law enforcement ’ and ‘ shifting attitudes toward police ’ result in fewer jurors being willing to give officers the benefit of the doubt and award larger settlements . Citing multiple studies , researchers suggested the anticipated jury verdicts influences settlement decisions as well .
In closing , the authors noted the substantive claim rate has remained relatively stable for the last 20 years . At the same time , the win rate for plaintiffs and payouts have increased . They suggest the public ’ s increasing intolerance of policing harms has contributed to these increases . In the end , police agencies continue to improve , and the claims continue to fall . It will take time , but this will turn around .
Ouss , Aurélie and John Rappaport , “ Is Police Behavior Getting Worse ? Data Selection and the Measurement of Policing Harms ”, Journal of Legal Studies , Vol . 49 ( January 2020 ), pp 158 – 198 .
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