NCJ Number
124866
Date Published
1990
Length
544 pages
Annotation
This book examines the legal issues municipalities and public officials must address when faced with litigation by private individuals.
Abstract
Traditionally, public officials and municipalities have been immune from private litigation claiming violations of civil rights. The federal Torts Claims Act, the Civil Rights Act of 1871, the Attorney's Fees Act of 1976, and recent U.S. Supreme Court Decisions have created new avenues for private parties to sue municipalities. Among the topics covered are anti-discrimination rights, police misconduct, attorney's fees, section 1983 liability, potential damages that may be suffered, and available defenses to defeat a claim. The history of litigation expanding legislation is examined to provide guidance to plaintiff's and defendant's bar. This discussion includes a review of the elements required to justify a civil rights or property rights cause of action. The right to vote is also illustrated to justify the broadening of private litigation power against the State.