NCJ Number
84401
Date Published
1981
Length
385 pages
Annotation
This manual discusses each aspect of a damage action for police abuse, from initial evaluation to the court's charge to the jury; a legal and litigation perspective is used to guide plaintiff's attorney in resolving police misconduct cases.
Abstract
Basic theoretical underpinnings upon which police misconduct litigation is based are described. Types of misconduct which may give rise to liability under the civil rights act, such as illegal search and seizure, are specified, and the various theories of liability which may be employed to obtain jurisdiction are addressed. Practical information about evaluating cases and obtaining and preserving evidence of police wrongdoing is presented. Instructional and descriptive material about the basic papers which must be filed in a police misconduct case, complaint and discovery requests, and a discussion of the applicable law are provided. The manual then covers the qualified immunity or 'good faith' defense which is available to Government agents in some civil liability actions. The effect on a civil rights action of earlier court proceedings is discussed, and the rules for determining when the statute of limitations runs on such cases are specified. The work concludes with a discussion of determination of compensatory and punitive damages and various trial-oriented techniques, such as recommended voir dire questions. Over 100 references, a table of cases, and a general index are provided; checklists, texts of applicable laws, and samples of initial pleadings are appended.