NCJ Number
115457
Date Published
1988
Length
25 pages
Annotation
This report reviews the current status of personal liability of State and local officials and employees under the Civil Rights Act of 1871 (Section 1983).
Abstract
Section 1983 focuses on the misuse of power possessed by virtue of State law and made possible only because the wrongdoer has authority under State law. Although the language of the law does not mention immunities, a qualified or absolute immunity is available, depending on the circumstances and the duties of the official. Legislators and judges are the main beneficiaries of absolute immunity. Local governing bodies that have both legislative and administrative functions generally have qualified immunity except when exercising exclusive legislative powers. In most cases qualified immunity must be pleaded and proved by the defendant. Liability exists for intentional acts as well as for negligence, but not in cases involving simple negligence or mere lack of due care. Judicial decisions have also made it clear that a supervisory official need not personally commit the wrongful act to become liable. The general rule is that officials can become liable if they directed, took part in, approved of, were present at, or had knowledge of a subordinate's misconduct or if that official's negligence caused or contributed to that misconduct. The United States Supreme Court has held that substantial damages should be awarded only to compensate actual injury, although punitive damages are possible in some cases. 101 reference notes.