CONSTITUTIONAL RESPONSIBILITIES OF LAW ENFORCEMENT OFFICERS

• NCJ Number: 47230
• Journal: POLICE LAW QUARTERLY Volume: 7 Issue: 3 Dated: (APRIL 1978) Pages: 13-19
• Author(s): W B GIAMPIETRO
• Date Published: 1978
• Length: 7 pages
• Corporate Author: Illinois Institute of Technology
• Sale Source: UMI Dissertation Services; Institute for Scientific Information
• Language: English
• Country: United States of America

Annotation

THE CONSTITUTIONAL RESPONSIBILITIES AND LEGAL LIABILITY OF POLICE OFFICERS UNDER AN 1871 STATUTE GRANTING REMEDY TO INDIVIDUALS DEPRIVED OF CIVIL RIGHTS UNDER COVER OF STATE AUTHORITY ARE DISCUSSED.

Abstract

THE ORIGINAL STATUTE WAS AMPLIFIED AND GIVEN GREATER VIABILITY IN THE U.S. SUPREME COURT DECISION IN MONROE V. PAPE (1961). AFTER REVIEWING THE HISTORY OF THE STATUTE, THE COURT CONCLUDED THAT THE FEDERAL REMEDY FOR VIOLATION IS SUPPLEMENTARY TO EXISTING STATE REMEDIES, THAT MISUSE OF POWER POSSESSED BY VIRTUE OF STATE LAW IS ACTION 'UNDER COLOR' OF STATE LAW, AND THAT THE STATUTE IMPOSES TORT LIABILITY ONLY ON INDIVIDUALS. FOR INSTANCE, AN OFFICER SHOOTING A SUSPECT COULD BE LIABLE TO A CAUSE OF ACTION FOR WRONGFUL DEATH IN THE FEDERAL COURTS. OTHER RIGHTS, VIOLATION OF WHICH HAS RESULTED IN A GREAT DEAL OF LITIGATION, INCLUDE FIRST AMENDMENT RIGHTS TO HOLD MEETINGS OR PROTESTS, TO DISTRIBUTE LITERATURE, AND TO BE FREE FROM CENSORSHIP; FOURTH AMENDMENT RIGHTS OF FREEDOM FROM ILLEGAL SEARCH, SEIZURE, OR ARREST; AND PRIVACY RIGHTS. DUE PROCESS OF LAW UNDER THE 14TH AMENDMENT HAS BEEN FREQUENTLY CITED IN THE MOST VARIED SITUATIONS AND INCLUDES RIGHTS TO REMAIN SILENT AND TO OBTAIN BAIL, RIGHTS TO TREATMENT, AND RIGHTS TO HEARINGS. THE FEDERAL CIVIL RIGHTS ACT WILL MOST AFFECT THE OFFICER THROUGH POSSIBLE MONETARY LIABILITY INCURRED THROUGH VIOLATION. ACTUAL DAMAGES ARE USED IN DETERMINING THE AWARD AND MAY INCLUDE MEDICAL BILLS, LOSS OF INCOME, HUMILIATION AND EMBARRASSMENT, AND ATTORNEYS' FEES. WHILE THE STATUTE GIVES A FEDERAL CAUSE OF ACTION, STATE COURTS ALSO HAVE JURISDICTION OVER SUCH CAUSES FOR ACTION. ALTHOUGH IT APPEARS THAT THE POLICE OFFICER IS EXTREMELY VULNERABLE UNDER THIS ACT, A NUMBER OF DEFENSES, INCLUDING PROBABLE CAUSE AND ACTION IN GOOD FAITH, ARE AVAILABLE. THE COURTS APPEAR TO BE BROADENING THE GOOD FAITH AND REASONABLE BELIEF/PROBABLE CAUSE DEFENSE, THUS PROVIDING SOME PROTECTION FOR POLICE. IN ADDITION, MANY MUNICIPALITIES PROVIDE INSURANCE TO PROTECT OFFICERS AND/OR PROVIDE DEFENSE COSTS. (JAP)