NCJ Number
135657
Date Published
1987
Length
78 pages
Annotation
This report discusses law enforcement civil liability in State and Federal courts. Four specific areas of civil liability are examined: police civil liability in State court, police civil liability in Federal court, the distinctions regarding liability of sheriffs, and civil suits by police officials.
Abstract
The introductory chapter discusses the concepts of right to redress, sovereign immunity, parties, and the distinction between State and Federal judicial systems. An examination of the State courts covers negligence, intentional torts, defenses, and damages, while the chapter on Federal courts covers section 1983 of U.S. Code Title 43; violation of rights, privileges, and immunities; color of law; administrative and supervisory liability; municipal liability; conflicts between defendants; defenses; remedies; and attorney's fees. The liability of sheriffs touches on the legal distinctions between sheriffs and other law enforcement officials, direct liability of the sheriff, and liability of the county. The final chapter discusses the role of police as plaintiffs, examining the right to sue, types of suits, damages, and obstacles to recovery. 432 notes and 1 appendix