NCJ Number
111337
Journal
Police Chief Volume: 55 Issue: 4 Dated: (April 1988) Pages: 61-63,66
Date Published
1988
Length
4 pages
Annotation
This article discusses the implications of lawsuits against police departments.
Abstract
When a police department is faced with a lawsuit, an appropriate response is to present the department's position through a joint public statement by the police administrator and the defense attorney. The police administrator should emphasize the existence and importance of a citizen complaint procedure to demonstrate the commitment by police to investigate allegations of misconduct. Title 42 of the United States Code Section 1983, the 'Civil Rights' statute has forced police agencies to re-examine their operations and procedures, to heighten training and standards, and become more attuned to the needs of their community. However, the standards imposed by this statute for recovery of attorney's fees for the prevailing party are unequal. If the police prevail, they must prove that the suit was 'frivolous' in order to recoup costs incurred for its defense. The plaintiff is not required to do this. The police department in Rocky Hill, Conn., was faced with 10 lawsuits concerning police activities during a short period of time. The performance of almost every routine police action produced another lawsuit, resulting in much publicity. Initially, there was no reply from the department but when this policy was discarded in favor of a tougher stance, a reversal in litigation became apparent. This developed public awareness that their police were doing their jobs properly and would defend lawful procedures. 6 footnotes.