New Protesting Guidance Creates Vulnerabilities for Federal Law Enforcement Officers

As described earlier this month in FedAgent, the Office of Community Oriented Policing Services (COPS) and the Department of Justice (DOJ) have issued the 21st Century Protest Response: Promoting Democracy and Advancing Community and Officer Safety, which details updated guidance for law enforcement officers on responding to mass protesting. This new guidance, created in partnership with the National Policing Institute (NPI) and Police Executive Research Forum (PERF), contains 102 recommendations for law enforcement officers. These recommendations focused on seven main areas: situational awareness, community relationship building and involvement, planning and training, response strategies and tactics, communication, officer safety and wellness, and after-action review.

This new guidance may force federal law enforcement officers to reevaluate what they’ve been taught is acceptable conduct and learn new protocols. With any changes to standard operating procedures may come increased vulnerability for law enforcement officers. Officers have been trained through repetition on how to make important split-second decisions – when pursuing a suspect, there may be no time to go over recently-updated policies in your head. Any adjustment to protocols may expose law enforcement officers to civil lawsuits from members of the public, as well as administrative actions from their agencies for failure to follow policy, and criticism from politically motivated officials and the public.

Federal law enforcement officers can protect themselves against allegations and investigations with a FEDS Protection PLI policy. FEDS Protection offers policies with $1 million, $2 million, or $3 million in civil liability protection for attorney’s fees and indemnity costs in the event you are sued in your civil capacity for actions taken within the scope of your employment. Our policy also includes $200,000 of legal representation coverage per incident for administrative actions and $100,000 of coverage for criminal defense costs arising out of actions taken within the scope of your employment. Annual premiums for FEDS Protection PLI start at $290, which is less than it would typically cost to hire a federal employment lawyer for an hour. LEOSA coverage for off-duty incidents is also available for qualified law enforcement officers. Additionally, federal law enforcement officers are eligible for a reimbursement of up to 50% of the cost of their PLI policy through their agency.

To learn more about FEDS Protection, and how a FEDS professional liability insurance policy can protect you and your career, visit fedsprotection.com or call (866) 955-FEDS, Monday through Friday 8:30 am-6 pm, to speak directly to a representative.

 *This article is provided for informational purposes only and does not constitute legal advice.

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