Civil Process and Liability Curriculum Recommendation

OF
AUSTIN
P.O. BOX 1088, AUSTIN, TEXAS 78767
CHILL
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 TTY: 711 FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
ACADEMY CURRICULUM RECOMMENDATION
TO:
Chief Lisa Davis, Austin Police Department
FROM:
Director Gail McCant, Office of Police Oversight
DATE:
Thursday, February 27, 2025
SUBJECT:
Civil Process and Liability
Dear Chief Davis:
The Office of Police Oversight (OPO) is collaborating with the Educational Development Unit of
the Austin Police Department (APD) to enhance the academy's curriculum. OPO's Policy
Compliance Consultant is a member of the Professional Advisory Committee (PAC), which is
responsible for reviewing, evaluating, and providing feedback for improvement.
In addition to the subject matter experts hired by APD, the OPO has reviewed APD's curriculum
for Civil Process and Liability and provided the following recommendations for improvement:
1. Learning Objective 1.1: Students will identify basic civil law procedures and learn the
basic responsibilities of the Texas Constable.
This section should focus less on constable and sheriff duties and more on what officers ARE
and ARE NOT responsible for concerning civil law procedures. Possibly using a chart listing
each entity's responsibilities would help communicate this information more efficiently.
2. Learning Objective 1.3: Students will identify and discuss possible imposed liabilities
for improper acts by the officer and the outcomes occurring in that course of action.
Content should emphasize a professional and realistic tone toward civil liabilities, ensuring
that the student clearly understands the potential consequences of civil litigation. The Kroll
report titled "Community Impact of Police Misconduct: Analysis of APD Excessive Use of
Force and Other Misconduct Litigation" (April 21, 2023) should be used as a resource to help
demonstrate the cost of civil litigation. In this report, Kroll reviewed litigation relating to
incidents of alleged police misconduct and analyzed its impact on the City of Austin and the
community. More scenarios should be included in this section to demonstrate officer liability;
there are currently only two.
*Hard copy handouts of resources, Texas Penal Code 9.05 and 9.06, and the Texas Civil
Practices and Remedies Code that pertain to section 1 (14.1) scenarios should be provided for
students to refer to as they are discussed.
1
DATE OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
FOUNDED
1839
COMPLAINT HOTLINE: 512-972-20P0
ACADEMY CURRICULUM RECOMMENDATION
3. Learning Objective 1.4: Students will describe the difference between civil and criminal
law and classify situational cases accordingly.
Since officers can be held liable under both civil and criminal law, it is important to thoroughly
demonstrate the differences. APD should clearly distinguish between Criminal and Civil Law,
including more specific examples of common scenarios, and explain how they may overlap in
some cases.
4. Learning Objective 3.2: The student will assess various calls for service involving a civil
dispute. The student will discuss and construct a plan of how to respond.
This section should be allocated more time. Providing students with a plan to respond to
common civil dispute situations is a valuable part of the curriculum. Currently, only thirty
minutes are allocated for this section.
The Office of Police Oversight appreciates the chance to offer constructive feedback on the Austin
Police Department's academy curriculum, recognizing that there is room for improvement. We
look forward to ongoing collaboration on current and future curriculum development to ensure
continuous improvement and effectiveness.
Sincerely,
Dail
Mcca
Gail McCant
UNDED
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