NCJ Number
98450
Journal
FBI Law Enforcement Bulletin Volume: 54 Issue: 4 Dated: (April 1985) Pages: 24-31
Date Published
1985
Length
8 pages
Annotation
This discussion of civil litigation arising from police activities focuses on a description of the civil actions, the identification of various defenses that may expeditiously resolve these actions without having to go to trial, and suggestions of other means of combating litigation against police officers.
Abstract
Suits filed against law enforcement officers alleging a constitutional violation are generally founded on 42 U.S.C., a statute which imposes civil liability on any person, acting under State laws who deprive another person of his constitutional rights. The constitutional protection claimed to have been violated is frequently the fourth amendment, as the result of an alleged unlawful arrest or search; the fifth amendment, as the result of an alleged improperly obtained confession or deprivation of liberty or property without proper due process; the sixth amendment, for violating the right to counsel; or the eighth amendment, as the result of the incarceration of a plaintiff claiming to have been subjected to cruel and unusual punishment. Defenses available are technical in nature, including improper service and venue and lack of jurisdiction. In addition, the first argument to be made is that the plaintiff has failed to state a claim against the law enforcement officer upon which relief can be granted. The second avenue is the qualified immunity defense, which shields the law enforcement officer from liability. A review of Supreme Court cases using the qualified immunity defense is included, focusing on the Harlow decision to illustrate the immunity defense. Forty-six footnotes are included.