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POLICE MISCONDUCT LITIGATION MANUAL

NCJ Number
55597
Editor(s)
M AVERY, D RUDOVSKY
Date Published
1978
Length
218 pages
Annotation
A WIDE RANGE OF LEGAL MATERIALS, TACTICAL DISCUSSIONS, AND LITIGATION TOOLS IS PROVIDED TO GIVE GUIDANCE THROUGH EACH PHASE OF A POLICE MISCONDUCT CASE.
Abstract
POLICE CONDUCT THAT IS ACTIONABLE UNDER THE FEDERAL CIVIL RIGHTS ACTS IS DISCUSSED. ACTIONABLE POLICE CONDUCT IS CONSIDERED IN THE AREAS OF ARREST AND DETENTION, EXCESSIVE FORCE, ILLEGAL SEARCH AND SEIZURE, DENIAL OF COUNSEL AND ILLEGAL INTERROGATION, DENIAL OF FIRST AMENDMENT RIGHTS, DENIAL OF MEDICAL ATTENTION, DISCRIMINATORY PROSECUTION, USE OF PERJURED EVIDENCE, VERBAL ABUSE AND HARASSMENT, FAILURE TO PROVIDE POLICE PROTECTION, CONSPIRACIES, AND THE USE OF DEADLY FORCE. THE JURISDICTIONAL AND REMEDIAL FRAMEWORK FOR ESTABLISHING LIABILITY IS DISCUSSED THROUGH CONSIDERATION OF GENERAL STANDARDS OF LIABILITY, THE ESTABLISHMENT OF LIABILITY OF INDIVIDUAL POLICE PERSONNEL AND MUNICIPALITIES, PENDENT JURISDICTION, AND ACTIONS IN STATE COURT. TO FACILITATE INVESTIGATION OF AN ALLEGED POLICE MISCONDUCT CASE AS PROMPTLY AND THOROUGHLY AS POSSIBLE, PROCEDURES ARE DESCRIBED FOR INTERVIEWING THE COMPLAINANT, INTERVIEWING WITNESSES, OTHER INVESTIGATORY STEPS, AND EVALUATION OF THE CASE. IN A DISCUSSION OF DRAFTING THE COMPLAINT, SPECIFICITY, ALLEGATIONS OF BAD FAITH, AND UNKNOWN DEFENDANTS ARE EXAMINED. GENERAL PRINCIPLES AND CONSIDERATIONS IN DISCOVERY, SPECIFIC DISCOVERY REQUESTS, AND DISCOVERY AGAINST THE PLAINTIFF ARE ALSO EXPLORED. POLICE OFFICERS MAY ASSERT A 'GOOD FAITH' DEFENSE TO AN ACTION ALLEGING FEDERAL CONSTITUTIONAL VIOLATIONS. THE NATURE OF THIS DEFENSE AND WHAT IS REQUIRED TO ESTABLISH IT ARE CONSIDERED. THE EFFECT OF PRIOR COURT PROCEEDINGS, STATUTES OF LIMITATIONS, NOTICE REQUIREMENTS, DAMAGES AND ATTORNEY'S FEES, VOIR DIRE, JURY SELECTION, AND JURY INSTRUCTIONS ARE ALSO DISCUSSED. THE APPENDIX CONTAINS SAMPLE COMPLAINTS, SAMPLE DISCOVERY REQUESTS, A SAMPLE ACTUARIAL REPORT, AND THE TEXT OF FEDERAL CIVIL RIGHTS ACTS AND JURISDICTIONAL STATUTES. (RCB)