Research Catalog

Title

Civil liability in criminal justice / H.E. Barrineau, III.

Author

Barrineau, H. E.

Publication

Cincinnati, Ohio : Pilgrimage, c1987.

Items in the Library & Off-site

Holdings

Details

Description

vi, 105 p.; 23 cm.

Summary

This booklet reviews the parameters of Federal law and court action that mandate civil liability for criminal justice personnel and agencies and recommends proactive steps agencies can take to minimize the risks for such liability. Most civil suits against criminal justice personnel are brought under Title 42 U.S. Code, Section 1983, which provides civil liability for any person who acts 'under color of any statute' in any U.S. jurisdiction to deprive any person in that jurisdiction of constitutional rights. Enacted in 1871 but virtually ignored for 90 years, it was used by the U.S. Supreme Court in Monroe v. Pape (1961) to establish the civil liability of 13 Chicago police officers. Since 1978 there has been an explosion of litigation under Section 1983, with new areas of liability being established and increased awards being made. Supervisors and administrators are now being held liable for the actions of their subordinates, and often the local unit of government is being held liable. This book details court rulings against law enforcement and corrections personnel under Section 1983, notably with references to the equal protection and due process clauses of the U.S. Constitution. Recommendations for proactive efforts to reduce liability risk cover the development and implementation of policies and procedures as well as the training and supervision of personnel. Documentation is emphasized. Defenses against liability suits are also covered.

Series Statement

Criminal justice studies

Uniform Title

Criminal justice studies.

Subject

• State action (Civil rights) > United States
• Tort liability of criminal justice personnel > United States

Bibliography (note)

• Bibliography: p. 99-105.

Processing Action (note)

• committed to retain

Contents

Introduction -- Chapter 1. Tort liability generally -- Title 42 United States Code, Section 1983 -- Chapter 2. The resuscitation of Section 1983 -- The expansion of Section 1983 -- Other developments -- Impact -- Chapter 3. Civil Rights Attorney's Fee Awards Act Of 1976 -- Chapter 4. Requirements for cause of action under Title 42 United States Code, Section 1983 -- The magnitude of litigation -- Chapter 5. Section 1983 actions in law enforcement -- Chapter 6. Section 1983 actions in corrections -- Chapter 7. Supervisory liability -- Chapter 8. The emergence of negligence as a Section 1983 cause of action -- Chapter 9. The personnel issues under Section 1983 -- Due process requirements -- Exhaustion of administrative remedies -- Chapter 10. Valid defenses to Section 1983 litigation -- Invalid defenses -- Chapter 11. Lawsuit prevention -- Chapter 12. Current developments concerning Section 1983 -- Conclusion -- References.

ISBN

0932930751 (pbk.)

LCCN

^^^86073249^

Owning Institutions

Harvard Library