a policeman harms someone on his lunch break, the municipality could be included in a civil suit
And even off duty because a police agency has authority to act off duty.
Police also possess credentials and garb and weapons and powers which they can wrongfully use without authority from the municipality but still making the municipality vicariously liable and that is because the principal municipality has entrusted these powers to the agency and assumes the legal responsibility. For example, police don’t leave the gun and the badge and their power and authority at work when they go home. Any time police act under the color of law and any time the principal municipality has not locked away from a police agency any powers or has facilitated any access to such powers the principal is responsible. But let’s say for example that a cop beats his wife or commits another crime that doesn’t involve the use of his powers, it has nothing to do with his agency relationship with the municipality or his legal authority to compel citizens so the principal is not responsible.
In a legal claim against wt involving wrongful conduct by an elder, the claimant would have to prove that the injury resulted from an agency relationship between the wt and elder