NCJ Number
154176
Date Published
1994
Length
33 pages
Annotation
This guide covers areas of civil liability that are of most concern to New York law enforcement officers and reviews Federal civil rights actions.
Abstract
Because American society has become highly litigious and law enforcement officers and agencies have seen more than their share of lawsuits, law enforcement officers are vulnerable to being sued in a wide variety of situations. Lawsuits may arise under claims of negligence, unlawful use of force, false arrest, invasion of privacy, search and seizure, and deprivation of constitutional rights. Civil lawsuits generally seek monetary damages, although sometimes other forms of relief may be sought. Some wrongful acts by law enforcement officers, such as assault, may involve criminal and civil liability. There is also a potential for criminal liability under Federal laws for certain deprivation of constitutional rights. Civil liability under New York law is examined in relation to wrongful conduct by law enforcement officers, motor vehicle operation, roadblocks, use of force, intentional torts involving police actions, false arrest, false imprisonment, malicious prosecution, and liability for failing to protect an individual. The guide also discusses the civil liability of law enforcement officers as State and municipal employees, punitive damages, and whether law enforcement officers can sue third parties for injuries suffered in the performance of duty. In addition, the guide reviews Federal civil rights proceedings authorized under Title 42, Section 1983, of the U.S. Code. The need for law enforcement agencies to protect themselves and their officers against civil liability is emphasized. 41 notes