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Reaction to Section 1983/Bivens Actions: Policy Implications

NCJ Number
159164
Journal
Journal of Police and Criminal Psychology Volume: 10 Issue: 3 Dated: (1995) Pages: 20-30
Author(s)
D K Chiabi
Date Published
1995
Length
11 pages
Annotation
This article discusses some of the effects that section 1983/Bivens lawsuits have had on police officers, administrators, and employing municipalities in New York City and its environs.
Abstract
Section 1983 and Bivens-type lawsuits are used to challenge police official misconduct that allegedly violates citizens' Fourth and Fourteenth Amendment rights against unreasonable search and seizure, false arrests and imprisonments, police excessive use of force, invasion of privacy, and malicious prosecution. This article discusses four types of police management policies implemented in response to Bivens lawsuits to cope with the increase in liability, maintain affordable insurance to pay judgments and settlements, adjust administrative strategies, and train personnel. The effectiveness of Bivens actions are examined in terms of changes in police policy and practices, the public's ability to obtain damages, and psychological satisfaction on the part of wronged parties. 5 tables and 45 references

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