Police Department Policy

301332

Orange County Sheriffs Office

Policy Text
ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: June 3, 2020  Amends - GO 4.6.0 (January 30, 2009 ) Number: 4.6.0 Distribution: All Personnel Review Month: May Reviewing Authority: HRD / Employee Services Subject: Agency Liabil ity Protection This order consists of the following: 1. Purpose 2. Policy 3. Procedures 1. Purpose The purpose of this policy is to verify protection to employees for actions or omissions directly related to their employment. 2. Policy It is the policy of the agency to provide liability protection for its employees for job -related incidents through an external insurance provider. These programs operate in accordance with FS 768.28 , which specifies waiver of sovereign immunity, including exclusions and recovery limits. 3. Procedures A. Liability coverage provided through these programs includes, but are not limited to, the fol lowing categories: 1. False arrest 2. False imprisonment 3. Professional and malpractice liability 4. Erroneous service of civil papers 5. Civil rights 6. Adverse advertising liability 7. Completed operation hazards 8. Libel 9. Slander 10. Defamat ion of character 11. Discrimination 12. Wrongful eviction 13. Wrongful detention 14. Malicious prosecution 15. Humiliation 16. Negligence 17. Damaged property 18. Errors and omissions 19. General public liability 20. Assault and battery 352.0, Page 2 21. Personal and b odily injury 22. Excessive force 23. Federal civil rights claims under 42 U.S.C. § 1983 B. Coverage is provided in these risk categories to participants resulting from acts or omissions of an officer, agent, employee, or servant of the Sheriff's Office ac ting in good faith, and in the course and scope of their employment. Coverage does include acts or omissions leading to personal injury, death, or property destruction, as long as the employee is acting in good faith, and in the course and scope of his/he r employment. C. If sued as a member of the agency, employees are automatically covered under this program. The plan provides legal counsel to the employee at no cost. Employees personally served with a summons/complaint shall immediately deliver the document to the agency's Legal Services. Legal Services employees shall coordinate with Risk Management for assignment of an attorney to the case. The agency's Risk Management or assigned outside attorney shall contact the employee when he/she is needed fo r depositions, hearings, or trial. Employees shall not discuss any aspect of the suit with anyone other than the assigned attorney, Legal Services staff, or a representative of Risk Management. D. Pursuant to FS 768.28 , sovereign immunity is waived in actions seeking recovery of damages in tort. Liability limits for a claim or judgment by any one person will not exceed $200,000 in State courts unless the claim involves a legislatively approved claims bill. Suits brought in Federal court may exceed the $200,000 cap. The total of all claims and judgment paid within State courts arising out of the same incident or occurrence will not exceed $300,000 . No officer, employee, or agent of the agency shall be held personally liable as a party defendant in action for injury or damage suffered as a result of an act or omission in the scope of his/her employment or function unless such of ficer, employee, or agent acted in bad faith, or with malicious purpose, or manner exhibiting wanton, willful disregard of human rights, safety and property. Further information and specifics relative to these issues is included in FS 768.28 . E. Questions pertaining to the agency's Liability Protection Policy should be addressed to Legal Services or Human Resources, Risk Management .

Why Attorneys Choose FlawFinder

Side-by-side with Westlaw and LexisNexis

FeatureWestlawLexisNexis
Monthly price$19 - $99$133 - $646$153 - $399
ContractNone1-3 year min1-6 year min
Hidden fees$0, alwaysUp to $469/search$25/mo + per-doc
Police SOPs✓ 310+ departments
Zero-hallucination AI✓ CitationGuard
CancelOne clickTermination feesNo option to cancel
FlawFinder provides legal information, not legal advice. Consult an attorney for specific legal guidance.