Detainment / Arrest – Civil Liabilites

Everyone has a Civil Liability. The legal term “PARTY” can be a person, company, or organization. When one party believes it has been injured, damaged, or wronged by another party, it may legally claim damages. The claim or “LAWSUIT” is presented to a civil court where both parties may explain their position to a judge or jury. A court judge may decide whether or not one party in a lawsuit has damaged another. If damages are due, the court will decide, after a trial, how much money must be paid by one party to another. The responsibility for the things we do or fail to do, with the possibility of being sued, is called “Civil Liability.”

As a security officer, you are a representative of your employer. Therefore, any negligent or wrongful act you commit may cause your employer and the client to be held responsible. Lawsuits may be brought against you (the security officer), your employer, and/or the client.

For example, a security officer makes a false arrest. The person arrested may file a civil suit for damages against the officer, his employer, and anyone else he believes responsible. Even if the civil suit fails, the action may be costly to you and your employer.

A security officer who is expected to make arrests should receive instructions and training on how to do so. Training should make the circumstances under which an arrest can be made and the procedure for making them very simple. As a security officer, you should work primarily in a preventative role. Use good judgment and exercise caution when faced with an arrest situation. Every person is accountable for their actions. Acts of a security officer in an arrest situation are easy to defend when good judgment and good faith have been used. An officer must not be afraid to execute an arrest but must use restraint and good judgment.