NCJ Number
147552
Date Published
1994
Length
116 pages
Annotation
The number of lawsuits alleging misconduct on the part of criminal justice practitioners has increased in recent years, and the rise in the number of civil liability suits has profound implications for individual practitioners and their employing agencies.
Abstract
Criminal justice practitioners will undoubtedly continue to be sued due to the nature of their jobs. Law enforcement personnel place individuals in custody and often use force, sometimes deadly force, in performing their duties. Jail and correctional personnel impose limits on an individual's freedom of movement, and probation and parole officers also exercise considerable control over client lives. Although most criminal justice practitioners have a vague understanding that they can be sued, few have real knowledge of their potential civil liability. Civil liability is complex and varies according to jurisdiction, and developments in Federal law have greatly expanded the scope of civil liability. Local governments can now be held liable for the conduct of police officers and jail personnel. In addition, sheriffs, police chiefs, and mid- level supervisors can be held personally liable for the conduct of their subordinates. The author discusses civil liability in terms of differences between civil and criminal law and defines types of civil or tort actions that can be taken against criminal justice practitioners. The author also considers specific cases brought against criminal justice practitioners, administrators, supervisors, and agencies. Viable defenses available to criminal justice practitioners and agencies are described, as well as provisions of U.S. Code Section 1983 under which most lawsuits are brought in Federal court. 151 references