NCJ Number
101861
Date Published
1986
Length
455 pages
Annotation
This manual provides the guidance needed to litigate a police misconduct damage case.
Abstract
Initial chapters present the theoretical underpinnings of police misconduct litigation, identify the types of police misconduct which incur liability under Federal civil rights acts, and review the liability theories which may be used to obtain jurisdiction over and liability against various actors. Another chapter presents practical information on evaluating cases as well as the collection and preservation of evidence. Counterclaims and retaliatory actions by police defendants are also noted. Instructional and descriptive material covers the basic papers that must be filed in a police misconduct case. A chapter considers the qualified immunity or 'good faith' defense available to government agents, followed by a chapter that addresses the effect on a civil rights action of earlier court proceedings related to the plaintiff's police misconduct claim. Other chapters cover proof of damages, attorney's fees, voir dire and jury selection, and jury instructions. Chapter footnotes, table of cases, and subject index.