NCJ Number
66507
Date Published
1979
Length
107 pages
Annotation
FALSE ARREST AS A BASIS FOR LIABILITY IN CIVIL SUITS ON THE FEDERAL LEVEL IS DISCUSSED, AND IMMUNITY FOR STATE AND LOCAL LAW ENFORCEMENT OFFICIALS INVOLVED IN ARRESTS OF DESERTERS IS EXPLORED.
Abstract
THIS STUDY FOCUSES ON THE PRINCIPAL CONSIDERATIONS WHICH MAY AFFECT LIABILITY IN THREE FEDERAL CIVIL DAMAGE REMEDIES FOR FALSE ARREST: 42 U.S.C. 1983, THE FOURTH AMENDMENT, AND THE FEDERAL TORT CLAIMS ACT. THE VARYING REQUIREMENTS FOR EACH REMEDY ARE ANALYZED BY REFERENCE TO THE POTENTIAL DEFENDANTS: POLICE OFFICERS, THEIR SUPERVISORS, MUNICIPALITIES, STATES, AND THE FEDERAL GOVERNMENT. CUMULATIVELY, THE THREE REMEDIES WHICH ARE AVAILABLE TO COMPENSATE VICTIMS OF FALSE ARREST HAVE RESULTED IN A LARGE INCREASE IN POLICE TORT LITIGATION OVER THE PAST 10 YEARS. THE AMERICANS FOR EFFECTIVE LAW ENFORCEMENT FOUND A 300 PERCENT INCREASE FROM 2,000 SUITS IN 1971 TO OVER 6,000 IN 1977. THE SUCCESS RATE OF POLICE TORT LITIGATION IS NOT KNOWN. EXAMINATION OF THE FACTS SHOWS THAT DESPITE A BROAD SPECTRUM OF CIVIL DAMAGE REMEDIES, EACH POTENTIAL DEFENDANT IS AFFORDED SUBSTANTIAL PROTECTION FROM LIABILITY OWING TO THE IMMUNITY DOCTRINES ENUNCIATED BY THE FEDERAL COURTS. IN PARTICULAR, THE GOOD FAITH DEFENSE (REASONABLE BELIEF IN THE LAWFULNESS OF THE ARREST) WHICH PROTECTS POLICE OFFICERS, THEIR SUPERIORS, AND EMPLOYERS FROM LIABILITY IS SHOWN TO TURN SQUARELY ON THE STATE OF THE LAW IN THE AREA IN QUESTION. MUNICIPALITIES ARE PROTECTED BY THE 'MONELL' STANDARD WHICH DENIES LIABILITY ON A RESPONDENT SUPERIOR BASIS AND REQUIRES INSTEAD A SHOWING OF CAUSATION BY GOVERNMENTAL AGENCIES FUNCTIONING AT THE POLICYMAKING LEVEL. IMMUNITY DOCTRINE ATTEMPTS TO BALANCE THE COMPETING SOCIETAL INTERESTS IN PROTECTING INDIVIDUALS FROM POLICE ABUSES AND IN ASSURING EFFECTIVE LAW ENFORCEMENT. IMMUNITY LAW AS IT APPLIES TO FALSE ARREST TORT LITIGATION IS FAIR AND EFFECTIVE. FOOTNOTE REFERENCES AND A BIBLIOGRAPHY ARE PROVIDED. (LWM)