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NCJRS Abstract

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NCJ Number: 154176 Find in a Library
Title: Guide to the Laws of Civil Liabilities for New York Law Enforcement Officers: Key Data You Need to Know to Protect Your Career
Author(s): J J Sullivan
Date Published: 1994
Page Count: 33
Sponsoring Agency: Looseleaf Law Publications, Inc
Flushing, NY 11358
Sale Source: Looseleaf Law Publications, Inc
43-08 162nd Street
Flushing, NY 11358
United States of America
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: This guide covers areas of civil liability that are of most concern to New York law enforcement officers and reviews Federal civil rights actions.
Abstract: Because American society has become highly litigious and law enforcement officers and agencies have seen more than their share of lawsuits, law enforcement officers are vulnerable to being sued in a wide variety of situations. Lawsuits may arise under claims of negligence, unlawful use of force, false arrest, invasion of privacy, search and seizure, and deprivation of constitutional rights. Civil lawsuits generally seek monetary damages, although sometimes other forms of relief may be sought. Some wrongful acts by law enforcement officers, such as assault, may involve criminal and civil liability. There is also a potential for criminal liability under Federal laws for certain deprivation of constitutional rights. Civil liability under New York law is examined in relation to wrongful conduct by law enforcement officers, motor vehicle operation, roadblocks, use of force, intentional torts involving police actions, false arrest, false imprisonment, malicious prosecution, and liability for failing to protect an individual. The guide also discusses the civil liability of law enforcement officers as State and municipal employees, punitive damages, and whether law enforcement officers can sue third parties for injuries suffered in the performance of duty. In addition, the guide reviews Federal civil rights proceedings authorized under Title 42, Section 1983, of the U.S. Code. The need for law enforcement agencies to protect themselves and their officers against civil liability is emphasized. 41 notes
Main Term(s): Police legal limitations
Index Term(s): Civil liability; Constitutional Rights/Civil Liberties; Lawsuits; Municipal police; New York; Police misconduct; Police policies and procedures; State laws; State police
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