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MEAWW.COM / NEWS / CRIME & JUSTICE

Do cops need liability insurance? Tyre Nichols' death revives call to hold 'wrongful acts' accountable

Police liability insurance is similar to malpractice insurance that doctors and lawyers carry
UPDATED JAN 28, 2023
Five policemen were charged with the murder of Tyre Nichols (GoFundMe, Getty Images)
Five policemen were charged with the murder of Tyre Nichols (GoFundMe, Getty Images)

Warning: This article contains a recollection of crime and can be triggering to some, readers' discretion advised.

MEMPHIS, TENNESSEE: The death of Tyre Nichols, 29, has sent shockwaves across the country and prompted calls for widespread rallies against police brutality. Five policemen were charged with the murder of Nichols, they allegedly assaulted Nichols during a traffic check earlier this month. The incident has once again brought issues such as police accountability and police liability insurance to the fore. Several internet users have suggested the need for police to carry a liability insurance.

A bodycam footage of the incident which took place on January 7 has been released and the video showed how Nichols, a FedEx driver, was chased and brutally beaten by the officers, who pepper sprayed and tased him as he shrieked in pain. Nichols, who was completely taken aback, said, "I didn't do anything bro" as the officers continued to scream instructions at him. According to a report, in addition to being charged with murder in the second degree, the former cops will also face charges of official oppression, aggravated kidnapping, aggravated assault, and official misconduct.  After Nichols was pulled over for suspected reckless driving, the five officers, Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills Jr, and Justin Smith, were terminated from their positions as a result of their failure to intervene, their failure to offer aid to Nichols, and their use of excessive force. 

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What is police liability Insurance?

Police liability insurance is similar to malpractice insurance that doctors and lawyers carry. Such a system covers property damage and personal injury arising from “wrongful acts,” according to JMG Insurance agency. This would require the officers involved in settlements to pay a portion of the damages and the rest would be picked up by the insurance company. In the event of a lawsuit from a civilian for issues such as false arrest, negligence, civil rights violations, this type of coverage can be extremely helpful. This would also alleviate the burden of a city’s taxpayers to pay for settlements in cases involving police misconduct.

Do cops need liability insurance?

Police officers have the legal authority to use physical and deadly force, when warranted, to fulfil their official duties. However, there are trust issues between the public and police officers as to what would be considered a reasonable use of force. According to Contexts, police officers purchasing and maintaining liability insurance would serve several purposes. It will help in addressing police misconduct, lead to increased civil litigation action, and improve trust between minority communities and law enforcement.  

Deborah Ramirez, a law professor at Northeastern University, in an interview with NPR, supported the argument that making police liability insurance mandatory would help hold officers accountable in cases of misconduct. "Officers who engage in reckless or dangerous behavior can be priced out of policing by high premiums that reflect the actual risk that they pose to us," said Ramirez.

Several internet users also come forward supporting the demand of police liability insurance. "Go after their POST certification. Make them carry liability insurance (similar to malpractice insurance) and if they are uninsurable then they can no longer be employed as a police officer," wrote a user. "Yep the police should be held personally liable and be required to carry a liability insurance. If they cross the line too many times and can't be covered any longer for being to high a risk to the insurance Co. then they can no longer be a cop. At least 1 that deals with public," wrote another.



 



 

Another user added, "Make them carry liability insurance or "malpractice" insurance. High premiums that go up with every act of malfeasance. Past a certain number, they can no longer get insurance or be cops. There need to be consequences."



 

This article contains remarks made on the Internet by individual people and organizations. MEAWW cannot confirm them independently and does not support claims or opinions being made online.

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