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Municipal Liability For Requiring Unfit Police Officers To Carry Guns, Pamela A. Keating

Fordham Urban Law Journal

The stress of police work is evidenced by high rates of suicide, marital problems, alcoholism, heart disease, and psychosomatic illnesses. Additionally, police are required to carry a gun while off duty. Given these stresses, there is often a heightened risk for unwarranted shootings. However, municipalities are not traditionally liable under respondeat superior for the actions of its police unless a victim was shot by a police officer in very limited set of circumstances. Therefore, few municipalities impose psychological screenings on its police force. This Note proposes that municipalities take greater initiative in monitoring the fitness of its police officers, and, …