NCJ Number
139124
Date Published
1991
Length
346 pages
Annotation
This manual for the defense lawyer covers issues related to false arrest, malicious prosecution, and police misconduct.
Abstract
The first few chapters provide an overview to the issues, an introduction to the role of the trial lawyer, and possible causes of legal action including false arrest, malicious prosecution, assault and battery, civil rights actions, and negligence claims. Another chapter addresses the choice of forum. The next few sections cover false imprisonment, malicious prosecution, the Federal Civil Rights Act, warrants, dismissals, and the effect of magistrates' determinations and indictments on actions for malicious prosecution. The manual examines claims for unjust conviction and imprisonment, notice of claim, drafting notice of claim in false arrest and malicious prosecution cases, and late notice of claims. Other topics covered include sequence of service and options, elements of investigation, and drafting the complaint. Defense options include presumption of unlawfulness, probable cause, statutory defense, and immunities. The final chapters discuss discovery and jury selection.