Police Civil Liability for Inappropriate Response to Domestic Violence

Over the last several years, the criminal justice system has encouraged survivors of domestic abuse to report their victimization to law enforcement authorities. While some evidence suggests that police are more sensitive to the plight of domestic survivors, law enforcement response remains incomplete and problematic. This paper explores this issue, focusing on police civil liability for inappropriate response to domestic violence. It discusses the legal remedies that plaintiffs use in litigation when police fail to prevent domestic abuse. It also explores case law pursuant to the equal protection and substantive due process clauses of the fourteenth amendment, highlighting the circumstances under which police are held liable for inappropriate response to domestic violence. The paper concludes that police need more training and education on family abuse so they can become more responsive to domestic violence survivors.