NCJ Number
59078
Date Published
1979
Length
248 pages
Annotation
DESIGNED TO INTRODUCE POLICE OFFICERS TO THE GENERAL PRINCIPLES OF CIVIL LITIGATION BY POLICE, THIS REFERENCE MANUAL PROVIDES BASIC CASE AUTHORITY AND TACTICAL GUIDANCE FOR ATTORNEYS REPRESENTING POLICE.
Abstract
THE FIRST SECTION OF THIS TEXT WHICH PROVIDES BACKGROUND INFORMATION ESSENTIAL TO AN UNDERSTANDING OF THE PRESENT STATE OF TORT LAW AS IT APPLIES TO CIVIL LITIGATION BY POLICE OFFICERS IS AIMED AT ACQUAINTING POLICE OFFICERS, POLICE SUPERVISORS, POLICE ASSOCIATIONS, AND POLICE LEGAL ADVISERS WITH THE NATURE AND EXTENT OF THE CIVIL REMEDIES AVAILABLE TO POLICE PERSONNEL INJURED IN THE LINE OF DUTY. THE SECOND SECTION DEALS WITH PROCEDURAL AND TACTICAL MATTERS RELATED TO THE INITIATION OF LITIGATION, SUCH AS SELECTING DEFENDANTS AND KNOWING THE FORMS OF RELIEF THAT ARE AVAILABLE. SPECIFIC TYPES OF CIVIL SUITS WHICH MAY BE BROUGHT AND A LIST OF THE ELEMENTS WHICH MUST BE PROVED IN EACH FORM OF ACTION ARE DISCUSSED IN THE THIRD SECTION. CASES ARE CITED AND WHERE THERE ARE CASES INVOLVING A POLICE PLAINTIFF, CASES SUPPORTING THE GENERAL PRINCIPLE ARE CITED INSTEAD, AND, IN SOME INSTANCES, ARGUMENTS IN FAVOR OF EXTENDING EXISTING RULES TO COVER POLICE PLAINTIFF CASES ARE SUGGESTED. SIGNIFICANT TACTICAL ASPECTS WHICH HAVE COME TO LIGHT IN PREVIOUS POLICE PLAINTIFF CASES, AND WHICH SHOULD BE CONSIDERED BY THOSE CONTEMPLATING SUCH LITIGATION ARE NOTED IN THE LAST PART OF THE TEXT. NOTES ACCOMPANY EACH DISCUSSION, AND AN INDEX IS PROVIDED. (AUTHOR ABSTRACT MODIFIED--MHP)