History of criminal justice

About this book

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.