Administrative and Supervisory Liability (232)

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Theories of Supervisory Liability Name Institutional Affiliation THEORIES OF SUPERVISORY LIABILITY Supervisory liability can be incurred when a supervisor fails to carry out his/her supervisory duties either by directly participating in a wrongful action or failing to correct a reported violation or was negligent in managing an officer or subordinate who was responsible for an unlawful condition (Ross, 2013). There are at least seven theories that support supervisory liability, and they are (1) negligent hiring, (2) negligent assessment, (3) negligent entrustment, (4) failure to direct, (5) failure to supervise, (6) failure to discipline, (7) failure to train. Application of one of the theories does not exclude the possibility to use any other one because those are not mutually exclusive (Ross, 2013). Thus, a supervisor can use any or all of these theories. Negligent hiring asserts that constitutional violation would not have occurred if the administrator had adequately carried out a thorough screening of the guilty officer before hiring (Ross, 2013). Thus, if the officer was fit or unfit for employment, liability arises when an officer unfit for employment is known by the employer or should have been known from background checks (Ross, 2013). For this liability to hold a plaintiff must establish a secure connection between the background of the officer charged and the alleged violation just like the case of the board of commissioners of Bryan County vs. Brown. Negligent assessment occurs if the supervisor assigns a person whose experience and knowledge does not fit the job. Liability could arise if the administrator fails to address this situation either by

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