Easton, PA asked in Civil Rights, Constitutional Law and Criminal Law for Pennsylvania

Q: Police Department Policy Violation

I understand there are statute of limitations on actual criminal and civil cases in Pennsylvania but what type of limitation would apply for a police officer misconduct issue against a police officer which would not fall under an actual crime but under a police department’s own policy? How long after a violation of a policy could a police officer face departmental disciplinary action for a policy that went undetected but then discovered a few years later? The violation took place one time off duty and again, was not of any criminal nature. Strictly a policy violation. If there was a statute timeline would it begin right after the policy was violated or after the violation was first discovered? Noting again the policy was not an actual crime. I would imagine there would have to be some sort of statute as having a policy violation last indefinitely would seem extreme.

4 Lawyer Answers

Peter N. Munsing

PREMIUM
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a claim for violating a department's internal rules--that is for the department to enforce.

If it is a civil wrong based on a violation or part of a violation, that statute of limitations is two years from the date of the offense.

Peter N. Munsing

PREMIUM
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a claim for violating a department's internal rules--that is for the department to enforce.

If it is a civil wrong based on a violation or part of a violation, that statute of limitations is two years from the date of the offense.

Peter N. Munsing

PREMIUM
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a claim for violating a department's internal rules--that is for the department to enforce.

If it is a civil wrong based on a violation or part of a violation, that statute of limitations is two years from the date of the offense.

Peter N. Munsing

PREMIUM
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: Not clear what the issue is. However you have to look at it two ways--even if it is not something they'd normally charge or sanction someone for committing is it something that can be raised to deny a promotion or assignment?

As far as someone outside bringing a claim, they can't make a claim for violating a department's internal rules--that is for the department to enforce.

If it is a civil wrong based on a violation or part of a violation, that statute of limitations is two years from the date of the offense.

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