NCJ Number
60164
Date Published
1978
Length
0 pages
Annotation
THIS FILM, THE FIRST IN A SERIES, EXPLAINS THE LEGAL PRINCIPLES SURROUNDING LAW ENFORCEMENT OFFICERS' CIVIL LIABILITY.
Abstract
AN OVERVIEW OF THE VARIOUS KINDS OF CIVIL SUITS INTRODUCES THE CONCEPT OF CIVIL LAW, WHICH INVOLVES REDRESS OF PROPERTY LOSS AND PERSONAL INJURIES BY ASSESSMENT OF DAMAGES. THESE DAMAGES CAN BE PUNITIVE (DESIGNED TO PUNISH THE DEFENDANT WHO HAS ACTED INTENTIONALLY AND MALICIOUSLY) OR COMPENSATORY (DESIGNED TO COMPENSATE THE PLAINTIFF FOR LOSSES). ALL FORMS OF POLICE MISCONDUCT MAY BE REDRESSED IN STATE COURTS OF GENERAL JURISDICTION. SOME ATTORNEYS PREFER TO DEFEND OFFICERS IN FEDERAL COURTS BECAUSE JURIES ARE SELECTED FROM LARGER DISTRICTS, INCLUDE CONSERVATIVE FARMERS, AND HAVE A LOWER PERCENTAGE OF MINORITIES. HOWEVER, SUCCESSFUL PLAINTIFFS IN FEDERAL COURTS ARE ENTITLED TO AN AWARD OF ATTORNEYS' FEES IN ADDITION TO DAMAGES. WHERE THE HARM WAS SLIGHT AND DAMAGES ARE MINIMAL, ATTORNEY'S FEES CAN BE AWARDED FOR SEVERAL TIMES THE VERDICT, OFTEN FROM $5,000 TO $500,000. SITUATIONS EXAMINED IN THIS INTRODUCTORY FILM ARE FALSE ARREST AND IMPRISONMENT; USE OF EXCESSIVE FORCE; MOTOR VEHICLE NEGLIGENCE; AND LIBEL, SLANDER, AND OTHER FORMS OF CHARACTER DEFAMATION. THE OFF-DUTY OFFICER'S CIVIL RESPONSIBILITIES ARE ALSO EXAMINED. A SHORT BIBLIOGRAPHY IS PROVIDED IN THE FILM DISCUSSION LEADERS' GUIDE THAT ACCOMPANIES THE FILM. (MHP)