NCJ Number
193797
Date Published
2001
Length
13 pages
Annotation
This paper examines various types of serious police officer misconduct, followed by a legal analysis of municipal liability for police officer misconduct under Section 1983 of Title 42 of the United States Code, as well as a discussion of the impact of police officer misconduct on society.
Abstract
For the purpose of this paper police officer "misconduct" is limited to severe departures from the law, namely, rape, murder, domestic violence, and robbery. For each of these types of officer misconduct, the author briefly describes an actual case of such officer misconduct and the case outcome. In 1871, the U.S. Congress enacted Title 42 of the United States Code. Section 1983 of this act provides redress to individual citizens for violations of Federal constitutional rights, as provided for in the Bill of Rights, as well as specific rights guaranteed by Federal statutes. In recent times, this statute has been used to address police misconduct. Since the 1970's, the U.S. Supreme Court has carved out a body of law that has brought financial liability to municipalities based on the misconduct of its police officers. One section of this paper examines the legal standards that relate to municipal liability for police officer misconduct as well as when a municipal government is responsible financially for the misconduct of its police officers. The leading case in this area is Monell v. Department of Social Services (1978), which established the premise that municipalities could be "persons" under Section 1983, thereby giving rise to liability. After "Monell," a municipal government could be liable for the actions of its employees, providing that a plaintiff could prove that a municipal policy or custom was the moving force behind a constitutional violation perpetrated by a person acting under color of law. 22 references