By Chief Jason DeLonais
The challenges for small and rural law enforcement agencies throughout the country are relentless, rising, and all too real. With fewer resources, diminished staffing, and unyielding demand for accountability, small departments often operate under tremendous pressure with little to no room for error.
Given the high stakes involved, liability training is essential. When combined with membership in a municipal risk management pool, it becomes a powerful strategy to protect personnel, reduce costly litigation, and reinforce public trust.
Smaller agencies typically lack internal legal counsel, dedicated training units and insurance risk specialists, and often must navigate those same risks without the infrastructure available to their larger municipal counterparts. Crafting a culture of proactive liability awareness, supported by regular and meaningful training, as well as external resources for liability reduction, is among the wisest initiatives a small agency executive can implement.
The liability landscape for small agencies
Law enforcement liability usually involves civil claims related to constitutional violations, excessive force, unlawful search and seizure, failure to intervene, false arrest and failure to render adequate medical care. Other high liability issues that are often overlooked are employment-related issues, including negligent hiring and supervision, hostile work environment claims and wrongful termination. These cases can no doubt be damaging for large cities and agencies, but they may be able to absorb that type of damage. The same cannot be said for small towns and rural counties; one lawsuit, however small, has the potential to destroy an operating budget, spike insurance premiums and erode community trust.
Officers in small and rural agencies often serve in multiple roles: patrol, investigations, school resource officer, and administrative duties. Multitasking of this magnitude can stretch capabilities thin, increasing the chance of policy missteps or oversights that expose the department to liability.
Despite this, many small departments have little to no access to up-to-date legal training or rely on extremely dated materials that fail to reflect new case law or changes in state statutes. The legal landscape, like the law enforcement profession, is constantly evolving, and officers need practical, up-to-date guidance to navigate it confidently and constitutionally.
Liability training: More than a checkbox
Liability training is often treated as another box to check rather than a meaningful process. However, effective liability training is proactive, rather than reactive, and has the potential to empower officers and supervisors by:
- Clarifying constitutional boundaries for use of force, arrest, detention, and search and seizure
- Emphasizing the connection between department policy and legal standards
- Highlighting high-risk, low-frequency events such as officer-involved shootings, vehicle chases, or in-custody deaths, and how to document them properly
- Reinforcing supervisory accountability for reviewing reports, approving use of force and identifying patterns of concern
- Providing sample scenarios and legal updates based on real-world litigation outcomes
When conducted properly, liability training strengthens decision-making on the street, reduces avoidable complaints and enhances the agency’s defense if a lawsuit does arise. It can also increase officer confidence, because being knowledgeable about where the legal lines are decreases officer vulnerability and makes them more decisive.
Affordable and accessible training resources
Liability training does not have to dominate the training budget. Today, several high-quality training providers offer affordable and accessible courses specifically for law enforcement leadership and line-level staff:
- FBI-LEEDA (Law Enforcement Executive Development Association) offers Basic and Advanced Supervisory Liability training online — ideal for sergeants, lieutenants, and new command staff.
- The Legal & Liability Risk Management Institute (LLRMI) provides a wide range of online training modules, expert consulting, and up-to-date policy guidance.
- Dolan Consulting Group offers cost-effective online and in-person courses covering legal updates, force liability, supervisory responsibility, and internal affairs.
- In Oklahoma, agencies have access to the Law Enforcement Liability Avoidance (LELA) Academy offered through the Oklahoma Municipal Assurance Group (OMAG). This highly regarded program is free for OMAG-member cities and available at a low cost to non-member municipalities.
As a participating OMAG member, our agency has benefited directly from these resources, including policy support, supervisor training via the Municipal Front Line Leader Academy, legal defense in civil/tort claims, and the comprehensive LELA Academy. This partnership has significantly strengthened our ability to manage risk, train staff, and reinforce accountability from the top down.
The hidden cost of inadequate training
An agency that fails to train or trains inadequately faces more than just reputational harm. Courts have consistently held that departments may be liable for a constitutional violation not because of an individual officer’s mistake but because leadership fails to train or supervise.
This was underscored in cases like City of Canton v. Harris and Connick v. Thompson, which clarified that deliberate indifference to training needs can be a basis for municipal liability. That means even a small department with five sworn officers must provide a baseline of ongoing, relevant legal training to protect both its officers and its city or county.
Substandard training also creates morale issues. Officers need to be well-equipped and supported, especially in legally gray areas. When leadership fails to provide clear and sound guidance, this can lead to hesitation, overreaction, or burnout.
Partnering with risk management pools: A force multiplier
Many municipalities and counties are members of risk management pool groups and associations that provide liability insurance, workers’ compensation coverage, and property protection. But these pools are often much more than just insurance providers. They are partners in prevention.
Many risk management groups offer a wide range of services designed specifically to support law enforcement, including:
- Free or discounted liability training programs
- Sample policies tailored to case law and best practices
- Legal update bulletins
- Access to attorneys for pre-litigation questions
- Risk audits and assessments
- Online learning platforms with tracking for compliance and certification
Some even tie premium reductions to agency participation in training or policy reform programs. Others provide grant funding for new technology (like body cameras or GPS trackers), which can reduce risk and improve operational transparency. The Oklahoma Mutual Assurance Group is an example of a risk management group that provides these services.
By actively engaging with their risk pool, small agency leaders gain access to expertise they would not otherwise have and the very resources that can help prevent costly litigation in the first place.
Making it work in a small agency
You do not need a large training budget to implement liability training. What you need is a leadership mindset that prioritizes prevention and protection.
Here are practical steps small agency leaders can take:
- Partner with your risk management group’s training staff. Ask about liability training courses or legal update webinars. Many are free or reimbursable.
- Assign a training coordinator even if it is only part-time or an ancillary duty. A sergeant or senior officer can be tasked with monitoring case law updates and coordinating quarterly training events.
- Host regional training. Share the cost and benefit by opening training to nearby agencies. This builds relationships and reduces costs per department.
- Use roll call and shift briefings. Liability training does not always have to be formal. Share court cases, policy reminders, or short videos during line-up.
- Document everything. Keep detailed logs of who attends training, what was covered, and how policy is reinforced. If a claim arises, this documentation becomes vital.
- Embed liability awareness into supervisory review. Train sergeants and lieutenants to flag red flags in use-of-force reports or detention logs, before they become legal liabilities.
A culture of empowerment and accountability, not fear
Understandably, leaders may worry that focusing on liability will create a culture of second-guessing or fear. The opposite is true. Officers who are well-trained in legal standards and the application of policy feel more confident and conduct their work with increased competence.
Leadership needs to communicate to officers that “We are going to equip you to succeed and protect you when you act within the law and department policy,” rather than, “Be careful, we can’t afford a lawsuit.”
Liability training also facilitates healthy internal dialogue about tough calls. What is the best way to handle a mental health crisis? How much force is appropriate, but not excessive? When should you activate your body camera in a sensitive situation? These conversations strengthen team unity and professionalize agency culture.
Conclusion: A smart, sustainable strategy
Public safety executives cannot afford to take a flatfooted approach to liability. Small and rural agencies face unique challenges but also have some special advantages: close-knit teams, streamlined communication, and the ability to implement policy changes rapidly.
By embracing liability training and actively engaging with risk management pool resources, small departments can hone the skills they need to anticipate and outperform the legal curve.
By embracing a collaborative relationship with the Oklahoma Municipal Assurance Group (OMAG), our agency has seen firsthand how collaboration, education, and prevention lead to lower risk, stronger documentation, and safer outcomes. When officers are well trained, policies are vetted and current, and trusted partners like OMAG are utilized, communities are safer, lawsuits are fewer, and budgets are better protected.
That is not just good law enforcement, it’s solid leadership.
About the author
Jason DeLonais is the Chief of Police in Fletcher, Oklahoma, with over 25 years of experience in public safety, government administration, and military service. He is a U.S. Navy veteran, holds a Master of Science in Criminal Justice from Excelsior University, and is a graduate of the School of Police Staff and Command (Class 546) at Northwestern University. Chief DeLonais is committed to advancing public safety through training, leadership and accountability, particularly in rural and small-town policing.
