Police for Rent: The Thin Legal Line Between Public Service and Private Employment

• In Event: Police, Policing Practices, and Technology

Abstract

This paper examines how public employment law impacts the legal liability of jurisdictions whose police departments hire out their officers to provide protective services at commercial establishments, public events and road construction sites. This study of the variegated state level legal landscape extends the authors' research into off-duty police employment brokered by law enforcement agencies. A central public policy question this paper addresses is, "Who bears the cost when liability arises from use of force by police officers working for outside employers in jobs brokered through their law enforcement agency?" An ancillary question addressed by this paper is the extent to which corporate employment of police officers puts public value—peace officer training, equipment and uniforms—to private use at a discount because government jurisdictions remain liable for damages to citizens and officers arising from off-duty employment.

Authors

• Vincenzo Antonio Sainato, City University of Seattle

• Patrick O'Hara, John Jay College of Criminal Justice

• Adam Wandt, John Jay College of Criminal Justice