NCJ Number
154219
Journal
Criminal Law Bulletin Volume: 31 Issue: 2 Dated: (March-April 1995) Pages: 128-150
Date Published
1995
Length
23 pages
Annotation
The author focuses on how Section 1983 of the Civil Rights Act affects the law enforcement profession, who may be sued under Section 1983, and what immunities may apply.
Abstract
Section 1983 creates no substantive rights; rather, it is a vehicle for bringing suit against defendants acting under the color of State law for violating another person's Federal rights. By its very terms, Section 1983 applies only to persons acting under the color of State law. Thus, it is applicable only to State and local law enforcement officers who exert authority derived from State law. In order to state a claim under Section 1983, a plaintiff must allege that the plaintiff was deprived of a Federal right and that the person who deprived the plaintiff of that right acted under the color of State or territorial law. Damages available under Section 1983 are those typically found in tort suits. Section 1983 litigation is a complex area of Federal law. Who may be sued and what immunities may apply are still evolving concepts. In recent years, the U.S. Supreme Court has demonstrated a tendency to narrow Section 1983 liability. These developments have undoubtedly pleased law enforcement agencies who face the specter of civil liability while having to make quick decisions under difficult circumstances. However, limiting law enforcement exposure to Section 1983 claims is a double-edged sword. Over time, it may increase the incidence of unlawful police actions. Moreover, law enforcement hopes of limiting or ablishing the exclusionary rule will depend on the availability of alternative ways of ensuring law enforcement compliance with constitutional guarantees. To the extent that civil remedies for constitutional violations are reduced, the rationale for retaining the exclusionary rule remains. 159 footnotes