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Civil Liability of New Jersey Police Officers: An Overview

NCJ Number
122036
Journal
Criminal Justice Quarterly Volume: 10 Issue: 1 Dated: (Fall 1989) Pages: 45-78
Author(s)
W S Fisher; S Kutner; J Wheat
Date Published
1989
Length
34 pages
Annotation
This study examines lawsuits filed in Federal and New Jersey State courts under Title 59 of the New Jersey Tort Claims Act and Section 1983 of Title 42 of the United States Code against New Jersey law enforcement personnel at the municipal, county, or State police level during the years 1985 and 1986.
Abstract
A background summary of police liability is provided, along with a discussion of the methodology used in the study and its findings. A total of 576 police civil liability cases were studied. Most of the cases (61 percent) were filed under Title 59. Assault and battery, false arrest, and false imprisonment were the causes of action most often alleged in the lawsuits studied. Findings include additional information on types of police misconduct alleged, the prevalence of liability suits, and the liabilities of supervising entities. Special attention is given to the analysis of three types of cases: wrongful death actions, discrimination suits, and suits in which law enforcement personnel were plaintiffs. A section on case dispositions analyzes disposed suits and award data. 73 footnotes.