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What should be insured, what can be insured, how best to insure it are things which are forever changing. ‘What if’ situations are limitless so I shall be concerned here only with insurance against damage to property and ignore consequential loss, liabilities, construction risks, obligations under leases and other aspects.

Allegations of excessive force in policing have been cited as one of the most frequent claims filed against the police in arrest situations. The United States Supreme Court in Graham v. Connor (1989) determined that “objective reasonableness” is the Fourth Amendment standard to be used in evaluating claims of excessive force. This paper analyzes the patterns of lower federal court decisions in 1,200 published Section 1983 cases decided from 1989 to 1999. The assessment examines how these courts have applied and interpreted the standard in four categories involving force. Policy and training issues are discussed and future research concerns are presented.

Qualified immunity is a defense available to law enforcement officials in Section 1983 lawsuits alleging constitutional violations. Whether qualified immunity is granted hinges on the objective reasonableness of the officer’s actions; that is, on what a reasonable officer would have done under the circumstances. However, when a plaintiff alleges a Fourth Amendment violation, another objective reasonableness test is used. The result can be a paradoxical finding of reasonably unreasonable conduct. The present study examines this quizzical feature of civil liability law and seeks to clarify the role that both objective reasonableness tests play. In doing so, it examines the varying definitions of objective reasonableness, reviews a number of court decisions where the Fourth Amendment and qualified immunity have collided, and makes recommendations for minimizing future confusion.