NCJ Number
55379
Journal
Criminal Law Bulletin Volume: 15 Issue: 2 Dated: (MARCH/APRIL 1979) Pages: 168-171
Date Published
1979
Length
4 pages
Annotation
THE NATURE, OUTCOME, AND ENFORCEMENT CONSEQUENCES OF POLICE MISCONDUCT LITIGATION ARE DISCUSSED.
Abstract
THE ANNUAL NUMBER OF SUITS AGAINST POLICE INCREASED 446 PERCENT FROM 1967 TO 1971, FROM 1,741 TO 3,894. MOST OF THE LITIGATION HAS BEEN FILED IN STATE COURTS, ALTHOUGH THERE IS A TREND TOWARD FILING IN FEDERAL COURTS. MOST (40.6 PERCENT) OF THE SUITS HAVE BEEN FOR FALSE ARREST OR IMPRISONMENT. ANOTHER 27.2 PERCENT HAVE BEEN FOR BRUTALITY, 6 PERCENT FOR FIREARMS MISUSE, 3 PERCENT FOR ILLEGAL SEARCH AND SEIZURE, AND THE REMAINDER FOR JAIL CONDITIONS, LIBEL, AND HARASSMENT. FEW PLAINTIFFS SEEK INJUNCTIVE RELIEF ALONE (I.E., A COURT ORDER REQUIRING THAT A SPECIFIC PRACTICE BE STOPPED, AS OPPOSED TO PERSONAL REDRESS FOR THE PLAINTIFF ALONE). FEW PLAINTIFFS ARE PUBLICLY DEFENDED INDIGENTS. FEW POLICE MISCONDUCT SUITS REACH TRIAL, AND THOSE THAT DO USUALLY ARE WON BY THE POLICE. A POPULAR EXPLANATION FOR THE LOW SUCCESS RATE OF POLICE MISCONDUCT PLAINTIFFS IS THAT THEIR SUITS ARE GROUNDLESS. ANOTHER EXPLANATION MAY BE THAT JURIES ARE BIASED IN FAVOR OF POLICE. MANY BELIEVE THAT THE INCREASE IN MISCONDUCT LITIGATION HAS HAD SOME DESIRABLE EFFECTS ON POLICING--DETERRING ABUSIVE BEHAVIOR AND UNJUSTIFIED ARRESTS. THE MAJOR CRITICISM OF THE LITIGATION IS THAT IT HAS DETERRED THE PROPER USE AS WELL AS THE MISUSE OF POLICE AUTHORITY. SOME FEEL THAT THE LITIGATION MAY BE COUNTERPRODUCTIVE TO A LARGER EFFORT TO DEAL WITH POLICE MISCONDUCT. IT SEEMS THAT INJUNCTIVE RELIEF WOULD BE MORE EFFECTIVE THAN A CASE-BY-CASE APPROACH AS A TOOL FOR CONTROLLING SYSTEMATIC POLICE MISCONDUCT. BUT MOST PLAINTIFFS SIMPLY WANT PERSONAL REDRESS AND ARE NOT INTERESTED IN REFORM. (LKM)