Police departments, school districts and other governmental agencies are often involved in incidents which attract immediate public attention and result in high profile litigation with accompanying media coverage. They may include claims of excessive force, unlawful discharge, discrimination, sexual harassment or embezzlement that result in multimillion dollar judgments. How these incidents are handled by the municipality and its dealings with the press and public have lasting and possibly deleterious effects on the outcome of ensuing litigation. For example: an excessive force situation by a police officer arises either by a shooting or physical assault. A police department spokesperson immediately holds a press conference and issues a public statement to the press that the department's use of force guidelines were followed. Unbeknownst to the police department's spokesperson, this statement may create a basis for a Monell claim against the department. In Monell, 436 U.S.658 (1978), the Supreme Court found that a municipal corporation could be liable for its employees' actions if the execution of an official government policy inflicted a constitutional violation. The result: The police spokesperson has possibly established plaintiff's prima facie case by issuing an inappropriate, premature statement to the press.

Pre-Incident

Pre-incident preparation is the key to successfully handling these situations. All municipalities should convene a crisis planning committee or meeting. A spokesperson for the municipal entity must be pre-appointed. A mad scramble for the microphone, which often ensues after the incident, must be avoided. A list of contacts of the municipalities' legal team, insurance broker, insurance contact, media consultant and pre-approved outside investigators must be compiled for immediate contact after the incident. Emergency cell phone numbers for these contacts must be gathered since these incidents often occur late in the evening not during normal office hours. Time is of the essence in these situations. All these people must be contacted immediately once the claim is made known before any contact is made with the press or the public.

Where, when and who will announce the incident to the public is crucial. Should it be a chief of police, detective, the mayor, the principal of the school? No unprepared statements should be made. All remarks should be written, reviewed and approved by a legal team member. Off the cuff remarks and question and answer sessions should be discouraged until all facts are in and verified. In determining what facts to announce to the public the rule is: do not provide information until it can be proven as accurate. Defer public statements until more facts are released through investigation. No premature positions should be taken. Typical language in a media statement should include:

“This is what we know so far. It's too early to determine the cause, but we are investigating it and are devoting all necessary resources to it. Reasonable and proper safety precautions have been taken, and there is no continuing danger to the public. We will provide updates as we get more information.”