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SURVEY OF POLICE MISCONDUCT LITIGATION, 1967-1971

NCJ Number
14265
Author(s)
W W SCHMIDT
Date Published
1974
Length
17 pages
Annotation
SPECIAL REPORT ON THE INCREASED NUMBER OF CIVIL SUITS BEING FILED AGAINST POLICE OFFICERS.
Abstract
NEVER BEFORE HAVE SO MANY CIVIL SUITS BEEN FILED ALLEGING POLICE MISCONDUCT - AND STATISTICS ARE NOW AVAILABLE ON THIS INCREASING TREND. THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE (IACP) UNDERTOOK A SURVEY OF POLICE MISCONDUCT LITIGATION DURING THE PERIOD FROM 1967 THROUGH 1971, ON BEHALF OF THE AELE (AMERICANS FOR EFFECTIVE LAW ENFORCEMENT, INC.). OVER TWO HUNDRED THOUSAND POLICE OFFICERS WERE INCLUDED IN THE FINDINGS, OR NEARLY HALF OF THE NATION'S TOTAL. THE CHANCES WERE AT LEAST 1 IN 34 THAT ANY INDIVIDUAL OFFICER WAS SUED DURING ANY ONE OF THE FIVE YEARS SURVEYED. A TOTAL OF 6,077 SUITS WERE RECORDED, RANGING FROM 762 IN 1967, AND STEADILY INCREASING TO 1,709 IN 1971. ONLY 230, OR 3.8 PERCENT OF ALL THE SUITS REPORTED IN THE SURVEY SAMPLE WERE LOGGED AS 'LOST' BY POLICE DEFENDANTS. WHILE SOME LOSSES WERE INTO SIX FIGURES, THE MAJORITY OF PLAINTIFF VERDICTS WERE NOMINAL. THE AVERAGE LOSS WAS APPROXIMATELY THREE THOUSAND DOLLARS. TWO THIRDS OF THE SUITS FILED ALLEGED EITHER FALSE ARREST OR BRUTALITY, AND LESS THAN SIX PERCENT SOUGHT INJUNCTIVE RELIEF. ALTHOUGH THE DATA WAS COLLECTED BY THE IACP, THE INTERPRETATION AND PREPARATION OF THIS REPORT WAS MADE BY THE AELE. THE AELE LAW ENFORCEMENT LEGAL DEFENSE CENTER IS A NATIONAL PROGRAM CREATED TO COORDINATE RESEARCH AND PROVIDE ASSISTANCE FOR THE DEFENSE OF LEGITIMATE POLICE CONDUCT WHICH HAS BEEN CHALLENGED IN THE COURTS THROUGH FRIVOLOUS LITIGATION. (AUTHOR ABSTRACT MODIFIED) (SNI ABSTRACT)