NCJ Number
171185
Journal
American Journal of Criminal Justice Volume: 21 Issue: 1 Dated: (Fall 1996) Pages: 83-104
Date Published
1996
Length
22 pages
Annotation
Data from the eastern and southern districts of New York from 1983 to 1987 formed the basis of an analysis of the Section 1983 civil damage remedy against police and of the Bivens-type action, the direct claim of the victim of official misconduct to obtain compensation for the denial of Fourth Amendment rights.
Abstract
The research focused on the nature and volume of damages awarded by the courts in 465 cases involving Section 1983/Bivens actions against police. The study also focused on the differences in damages recovered from bench trials, jury trials, and settlements; the persons involved in Section 1983 suits; the trials and settlements; and the times and resources spent by the parties and the courts on these cases. The data analysis was used to determine the impact of these lawsuits on individual police and police administrators. The top three complaints were assault and battery (59 percent), false arrests (57 percent), and false imprisonment (47 percent). Seventy-two percent of the cases were brought by single plaintiffs with attorneys. The average time of disposition for all cases was 25 months. Nineteen percent of the cases resulted in monetary damages. The amounts ranged from $400 to $950,000; the average was $50,408. Information from the settled cases also indicated that up to 37 percent of all the cases may have resulted in damages. Only one pro-se complaint resulted in recorded damages. The nature of the violation also affected the volume of damages; c ases caused by police physical abuse were most likely to result in successful prosecution and damages for the plaintiff if they were well prosecuted. Findings confirmed earlier studies that concluded that the objective of Section 1983 is being fulfilled. Tables, list of cases cited, and 34 references (Author abstract modified)