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In her NYU Law Review article, “Police Indemnification article” UCLA law professor Joanna Schwartz set out to determine the extent to which police officers financially contribute to settlements in civil rights cases filed against them. Her research revealed that officers are almost always indemnified—meaning they do not pay for the damages associated with their misconduct. Schwartz’s study spanned from 2006 to 2011 and included data from 70 of the largest police departments in the United States, as well as 37 smaller agencies. The results showed that governments, not officers, overwhelmingly pay for the settlements and judgments in these cases.

Study Findings

During the study period, Schwartz found that governments covered 99.98% of the dollars plaintiffs recovered in lawsuits against law enforcement officers. Officers rarely contributed to settlements, even in cases where indemnification was legally prohibited, or when the officers were disciplined, terminated, or prosecuted. Officers almost never paid punitive damages and were seldom held financially accountable for their actions.

Case Examples

1. Juan Vasquez Case (Denver): Sixteen-year-old Juan Vasquez was chased by three Denver police officers, beaten, and stomped on, resulting in broken ribs, kidney damage, and a lacerated liver. Although three officers were fired, and one was criminally charged (though later acquitted), the City of Denver paid $885,000 to settle the civil suit. No officers contributed financially to the settlement.
2. Kathryn Johnston Case (Atlanta): Ninety-two-year-old Kathryn Johnston was killed in an illegal raid by Atlanta police. After her death, officers planted marijuana in her home and falsely claimed to have purchased cocaine there. Three officers were sentenced to federal prison, and the City of Atlanta paid $4.9 million to settle the lawsuit brought by Johnston’s estate. Again, none of the officers involved paid toward the settlement.
3. Cynthia Seeley Case (Albuquerque): Officer Christopher Chase responded to a call at Cynthia Seeley’s apartment and then sexually assaulted her in his patrol car. Chase was charged with multiple counts of sexual assault, including against other women, and sentenced to 15 years in prison. Seeley’s civil suit was settled for $1 million, but Chase did not contribute to the settlement.

Broader Context

Schwartz’s research shows that more than 2,000 officers likely faced criminal charges during the study period. Yet, fewer than 2% contributed financially to settlements. This practice of indemnifying officers, even when they are disciplined or prosecuted, raises questions about accountability and the role of indemnification in shielding officers from personal financial responsibility.

Conclusion

The practice of indemnifying law enforcement officers, even in cases of serious misconduct, undermines the financial accountability that many assume would accompany punitive damages or settlements. The current system shifts the financial burden from the individual officers to taxpayers. Policymakers and advocates for criminal justice reform should consider these findings as they seek ways to ensure that officers are held personally accountable for their actions.

For further reading, see the Police Indemnification article by Joanna C. Schwartz and Reforming Police Practices by the American Civil Liberties Union (ACLU).