NCJ Number
47841
Journal
FBI Law Enforcement Bulletin Volume: 46 Issue: 11 Dated: (NOVEMBER 1977) Pages: 9-14
Date Published
1977
Length
6 pages
Annotation
THIS ARTICLE CONCLUDES A THREE-PART SERIES DEALING WITH THE LEGAL ISSUES RELATING TO THE USE OF DEADLY FORCE BY POLICE OFFICERS SEEKING TO ARREST A PERSON FLEEING FROM THE SCENE OF A CRIME.
Abstract
SECTION 1983 OF TITLE 42, UNITED STATES CODE, PROVIDES RELIEF TO PERSONS WHO HAVE BEEN DEPRIVED OF THEIR CONSTITUTIONAL RIGHTS BY PERSONS ACTING UNDER COLOR OF STATE LAW. THE USE OF DEADLY FORCE BY STATE LAW ENFORCEMENT OFFICERS IN EFFECTING AN ARREST IS A WELL-RECOGNIZED GROUND FOR AN ACTION UNDER THE CODE. HOWEVER, WHERE EXACTLY THE CONSTITUTION STATES THE RIGHT TO BE FREE FROM SUCH FORCE IS NOT CLEAR AND HAS BEEN THE SUBJECT OF DISAGREEMENT IN THE DECISIONS OF THE FEDERAL COURTS OF APPEAL. IN ONE CASE, AN OFFICER FOUND TO BE GROSSLY NEGLIGENT WAS FOUND ALSO TO BE PERSONALLY LIABLE ON GROUNDS THAT HE HAD VIOLATED THE PLAINTIFF'S RIGHTS UNDER THE FOURTH AMENDMENT. IN ANOTHER CASE, A SUIT BASED ON THE PROHIBITION AGAINST CRUEL AND UNUSUAL PUNISHMENT FOUND IN THE EIGHTH AMENDMENT WAS DISMISSED ON THE GROUNDS THAT A STATE STATUTE PERMITTING THE USE OF DEADLY FORCE TO ARREST ANY FELON, WHETHER DANGEROUS OR NOT, DID NOT DEAL WITH PUNISHMENT. OTHER FEDERAL APPELLATE OPINIONS HAVE SUGGESTED THAT THE RIGHT TO BE FREE FROM DEADLY FORCE ARISES FROM THE DUE PROCESS CLAUSE OF THE 14TH AMENDMENT. THE STATE OF THE LAW IN THIS AREA, HOWEVER, REMAINS UNCLEAR. REFERENCES ARE INCLUDED. FOR FURTHER INFORMATION, SEE PARTS I AND II, NCJ-43281 AND 47840. (MPK)