Overview of Civil and Criminal Liabilities of Police Officers and Departments

• NCJ Number: 80163
• Journal: American Journal of Criminal Law Volume: 9 Issue: 1 Dated: (March 1981) Pages: 33-50
• Author(s): R V del Carmen
• Date Published: 1981
• Length: 18 pages
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

This article discusses the civil and criminal liability statutes that have been used as the basis for civil rights violations suits against police officers and police departments.

Abstract

The United States Code provides the statutory provisions which define the civil and criminal liability of police officers. The most frequently invoked provision in the whole array of Federal and State police liability statutes is 42 U.S.C. Section 1983, which originated after the Civil War when Congress saw the need to redress civil rights violations through civil means. Four basic requirements for an action to be brought under Section 1983 are explained in detail. They are (1) the defendant must be a natural person or a local government, (2) the defendant must be acting under 'color of law,' (3) the violation must be a constitutional or federally protected right, and (4) the violation must reach a constitutional level. The other source of civil liability under Federal law is 42 U.S.C. Section 1985(3). This section provides for the award of civil damages to any individuals who can show that two or more officers conspired to deprive them of their civil rights. It must be shown that the officers acted, or agreed to act, in concert, intending to deprive the plaintiff of equal protection of the law or equal privileges and immunities under the law. In addition, Section 242 provides for criminal action against any officer who deprives a person of civil rights, while Section 241 provides for criminal action against any two or more officers who conspire to deprive a person of rights. State laws, departmental liability, defenses in Federal or State tort cases, and the effectiveness of Section 1983 suits are all discussed extensively. The article concludes that accountability, court scrutiny, and greater visibility are realities which law enforcement officers will have to understand. A total of 108 footnotes are included.