Research Catalog

Title

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

Author

Barrineau, H. E.

Publication

Cincinnati, OH : Anderson Publishing Co., c1994.

Items in the Library & Off-site

Details

Description

viii, 108 p.; 23 cm.

Summary

The number of lawsuits alleging misconduct on the part of criminal justice practitioners has increased in recent years, and the rise in the number of civil liability suits has profound implications for individual practitioners and their employing agencies. Criminal justice practitioners will undoubtedly continue to be sued due to the nature of their jobs. Law enforcement personnel place individuals in custody and often use force, sometimes deadly force, in performing their duties. Jail and correctional personnel impose limits on an individual's freedom of movement, and probation and parole officers also exercise considerable control over client lives. Although most criminal justice practitioners have a vague understanding that they can be sued, few have real knowledge of their potential civil liability. Civil liability is complex and varies according to jurisdiction, and developments in Federal law have greatly expanded the scope of civil liability. Local governments can now be held liable for the conduct of police officers and jail personnel. In addition, sheriffs, police chiefs, and mid- level supervisors can be held personally liable for the conduct of their subordinates. The author discusses civil liability in terms of differences between civil and criminal law and defines types of civil or tort actions that can be taken against criminal justice practitioners. The author also considers specific cases brought against criminal justice practitioners, administrators, supervisors, and agencies. Viable defenses available to criminal justice practitioners and agencies are described, as well as provisions of U.S. Code Section 1983 under which most lawsuits are brought in Federal court.

Subject

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

Bibliography (note)

• Includes bibliographical references (p. 99-104) and index.

Processing Action (note)

• committed to retain

Contents

Introduction -- Chapter 1. Civil liability generally -- Chapter 2. Civil liability in criminal justice -- Chapter 3. The resuscitation of Section 1983 -- Chapter 4. Civil Rights Attorney's Fee Awards Act Of 1976 -- Chapter 5. Section 1983 cause of action -- Chapter 6. Section 1983 actions in corrections -- Chapter 7. Section 1983 actions in law enforcement -- Chapter 8. Other Section 1983 actions in criminal justice -- Chapter 9. The emergence of negligence as a cause of action under Section 1983 -- Chapter 10. Personnel issues under Section 1983 -- Chapter 11. Defenses and lawsuit prevention strategies -- Chapter 13. Trends -- Chapter 14. Conclusion -- References -- Index.

ISBN

0870840959

OCLC

• 30571829
• SCSB-10222614

Owning Institutions

Harvard Library