NCJ Number
58224
Date Published
1979
Length
44 pages
Annotation
USING A 149-CASE SAMPLE OF CONNECTICUT POLICE MISCONDUCT SUITS FILED UNDER 42 U.S.C. 1983, THIS STUDY CHALLENGES JURY IMPARTIALITY IN SUCH CASES AND ARGUES THAT POLICE ARE INSULATED FROM ADVERSE EFFECTS OF LAWSUITS.
Abstract
IN RECENT YEARS THE NUMBER OF CIVIL SUITS FILED IN FEDERAL COURT UNDER 1983 ALLEGING POLICE MISCONDUCT HAS INCREASED DRAMATICALLY. SECTION 1983 GRANTS A PRIVATE RIGHT OF ACTION TO REDRESS VIOLATIONS OF CONSTITUTIONAL RIGHTS COMMITTED BY A PERSON ACTING UNDER COLOR OF STATE LAW. ALTHOUGH THERE ARE, IN THEORY, OTHER WAYS OF CONTROLLING POLICE MISCONDUCT, THE POPULARITY OF SECTION 1983 SUGGESTS THAT IT IS PERCEIVED AS THE MOST EFFECTIVE MEANS OF OBTAINING RELIEF. HOWEVER, SERIOUS DOUBTS EXIST ABOUT THE EFFICACY OF SECTION 1983 SUITS AGAINST THE POLICE. DATA DEVELOPED ON THE BASIS OF THE STUDY SAMPLE DOCUMENT INDICATES THAT SUITS BROUGHT UNDER SECTION 1983 DID NOT COMPENSATE PLAINTIFFS FOR VIOLATIONS OF THEIR RIGHTS OR DETER POLICE OFFICERS FROM ENGAGING IN PROSCRIBED BEHAVIOR. PLAINTIFFS HAD TO OVERCOME SUBSTANTIAL IMPEDIMENTS IN ORDER TO RECEIVE REDRESS, AS THE SMALL NUMBER OF SUCCESSFUL PLAINTIFFS INDICATES. THE DEFENDANTS WERE SUCCESSFUL IN 20 OF THE 28 JURY TRIALS IN THE SAMPLE; IN CASES IN WHICH THE PLAINTIFFS WON, THE AVERAGE VERDICT WAS $5,723 IN COMPENSATION. JURORS CONSISTENTLY DISFAVORED PLAINTIFFS WHO WERE NONWHITE AND NONMIDDLE-CLASS, OR WHO HAD PREVIOUS BRUSHES WITH THE LAW. JURORS FAVORED POLICE OFFICERS BECAUSE THEY WERE VIEWED AS RESPECTABLE PEOPLE PERFORMING A DIFFICULT JOB. BOTH INDIVIDUAL DEFENDANTS AND THE POLICE DEPARTMENTS WERE FOUND TO BE HIGHLY INSULATED FROM THE CONSEQUENCE OF THE FEW RULINGS NOT IN THEIR FAVOR. SUPERVISORY OFFICIALS WERE NEVER FOUND LIABLE; LINE OFFICERS WERE INDEMNIFIED FOR DAMAGE AWARDS AND SETTLEMENT COST. CASE REFERENCES ARE FOOTNOTED. THE SURVEY INSTRUMENT IS APPENDED. (KBL)