NCJ Number
169145
Journal
Journal of Criminal Justice Volume: 25 Issue: 5 Dated: (1997) Pages: 347-366
Date Published
1997
Length
20 pages
Annotation
This analysis of political patronage and police management concludes that patronage practices continue to place police supervisors at risk of civil liability for violating their subordinates' First Amendment rights.
Abstract
Political patronage is ingrained in law enforcement, but it conflicts with First Amendment guarantees about holding political opinions and affiliating with political organizations. Thus, lawsuits occur when law enforcement supervisors change the conditions of their subordinates' employment for holding disfavored political beliefs or belonging to a disliked political party. Decisions by the United States Supreme Court, the United States District Courts, and the United States Courts of Appeals have focused on the civil liability of law enforcement supervisors under Section 1983 of the Federal code. The law and decisions indicate the situations where political patronage is generally permissible and situations in which it is generally prohibited. These cases indicate that law enforcement administrators need to be educated about the liability risks of patronage practices. Further research is also recommended. Figure, table, reference notes, list of cases, and 35 references (Author abstract modified)