Potential liabilities of FPPO's

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Written for FPPOA March 2010 Newsletter
by Brenda Wilson
Federal Employee Defense Services, Inc.

Increased caseloads and decreased spending has many pretrial officers reexamining their need for professional protections. For probation officers, it is the continued coverage of the Jaycee Dugard case that highlights the potential personal liabilities. There is much misinformation about what professional liability insurance provides and why it is needed. For federal probation and pretrial officers , liability protection provides legal defense services if there is an accusation of job-related wrongdoing. Protection also offers indemnification (up to $2,000,000) if you are sued and a judgment is issued against you. The following information pertains to the FEDS Professional Liability policy:

The administrative benefits of the policy pays for legal defense up to $200,000 for any disciplinary or judicial sanction proceeding or administrative investigation into alleged misconduct from any act, error or omission committed by a FPPO while rendering a professional service. This includes any district or court initiated investigation that could result in an action against you. Overlooking a violation, providing inaccurate information in an investigative document, alleged abuse of investigative authority, negligent performance of duties resulting in escape of fugitive or subject, providing inaccurate information in court testimony, failure to follow SOP or other supervisory instructions, failure to safeguard agency issued property (including a firearm) or a number of other operational errors are examples of actions leading to these investigations and proposed disciplinary actions. In some cases, defending yourself with a lawyer experienced in federal matters, becomes absolutely necessary. Having an attorney experienced in federal matters to advise you of your legal rights and obligations and also the parameters of the law under which you've been accused is imperative in the initial investigative stages.

While the Department of Justice (DOJ) will represent the named federal employee in most civil suits (and the employee will have some level of immunity to avoid personal liability), this is not always the case. There are lawsuits filed against federal officers in which DOJ will not provide a defense. The DOJ has taken the position that it is not in the interest of the U.S. to defend where the suit involved unauthorized physical contact, use of inappropriate language, and other similar inappropriate or unauthorized conduct . If you find yourself facing a civil suit (or Bivens action) or criminal charge without DOJ representation, you will need to hire legal representation and it is very expensive.

Law enforcement officers exposure to civil lawsuits is the very reason that the DOJ and several federal employee associations collaborated to create the concept of PLI for federal employees. They wanted to protect federal officers and allow affordable legal representation and indemnity protection for those circumstances in which federal officers were held personally liable and had to provide their own defense - even though they were within their scope of employment or rendering a professional federal service. The administrative benefits of the policy have become just as valuable and in some cases the primary reason for officers and officer assistants to purchase the coverage.

By law, your employing agency is required to reimburse you for up to half the cost of the PLI insurance (some agencies have a $150 reimbursement maximum). Things happen. Do your research. And if securing liability protection is the right thing for you, don't wait - do it today.

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