When can a law enforcement officer be civilly liable for failure to intervene?

A law enforcement officer can be civilly liable for failure to intervene when they witness another officer employing excessive force. This liability stems from the concept of duty to act in situations where an officer observes misconduct that violates an individual's rights, particularly if that misconduct could lead to significant harm or injury.

The law holds officers accountable not only for their own actions but also for their inaction when they have the opportunity to prevent unlawful behavior, such as the use of excessive force. This principle is rooted in the obligation of law enforcement to uphold the law and protect the rights and safety of individuals, thereby necessitating intervention in circumstances where one officer’s actions might be egregious and harmful. By not taking action, an officer could be seen as endorsing the misuse of power, which can result in civil liability for failing to protect the individual's rights.

In scenarios where an officer is not on duty, is under a direct order to stand down, or is operating outside their jurisdiction, the expectations and responsibilities for that officer may differ. These factors often provide legal justifications for the officer's lack of intervention, thus not exposing them to civil liability in the same way that witnessing excessive force does.