skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 66507 Find in a Library
Title: FALSE ARREST OF DESERTERS - AN ANALYSIS OF IMMUNITY FROM FEDERAL CIVIL LIABIITY - FINAL REPORT
Author(s): J R BOZEMAN
Date Published: 1979
Page Count: 107
Sponsoring Agency: National Technical Information Service
Springfield, VA 22151
Sale Source: National Technical Information Service
US Dept of Commerce
5285 Port Royal Road
Springfield, VA 22151
United States of America
Language: English
Country: United States of America
Annotation: FALSE ARREST AS A BASIS FOR LIABILITY IN CIVIL SUITS ON THE FEDERAL LEVEL IS DISCUSSED, AND IMMUNITY FOR STATE AND LOCAL LAW ENFORCEMENT OFFICIALS INVOLVED IN ARRESTS OF DESERTERS IS EXPLORED.
Abstract: THIS STUDY FOCUSES ON THE PRINCIPAL CONSIDERATIONS WHICH MAY AFFECT LIABILITY IN THREE FEDERAL CIVIL DAMAGE REMEDIES FOR FALSE ARREST: 42 U.S.C. 1983, THE FOURTH AMENDMENT, AND THE FEDERAL TORT CLAIMS ACT. THE VARYING REQUIREMENTS FOR EACH REMEDY ARE ANALYZED BY REFERENCE TO THE POTENTIAL DEFENDANTS: POLICE OFFICERS, THEIR SUPERVISORS, MUNICIPALITIES, STATES, AND THE FEDERAL GOVERNMENT. CUMULATIVELY, THE THREE REMEDIES WHICH ARE AVAILABLE TO COMPENSATE VICTIMS OF FALSE ARREST HAVE RESULTED IN A LARGE INCREASE IN POLICE TORT LITIGATION OVER THE PAST 10 YEARS. THE AMERICANS FOR EFFECTIVE LAW ENFORCEMENT FOUND A 300 PERCENT INCREASE FROM 2,000 SUITS IN 1971 TO OVER 6,000 IN 1977. THE SUCCESS RATE OF POLICE TORT LITIGATION IS NOT KNOWN. EXAMINATION OF THE FACTS SHOWS THAT DESPITE A BROAD SPECTRUM OF CIVIL DAMAGE REMEDIES, EACH POTENTIAL DEFENDANT IS AFFORDED SUBSTANTIAL PROTECTION FROM LIABILITY OWING TO THE IMMUNITY DOCTRINES ENUNCIATED BY THE FEDERAL COURTS. IN PARTICULAR, THE GOOD FAITH DEFENSE (REASONABLE BELIEF IN THE LAWFULNESS OF THE ARREST) WHICH PROTECTS POLICE OFFICERS, THEIR SUPERIORS, AND EMPLOYERS FROM LIABILITY IS SHOWN TO TURN SQUARELY ON THE STATE OF THE LAW IN THE AREA IN QUESTION. MUNICIPALITIES ARE PROTECTED BY THE 'MONELL' STANDARD WHICH DENIES LIABILITY ON A RESPONDENT SUPERIOR BASIS AND REQUIRES INSTEAD A SHOWING OF CAUSATION BY GOVERNMENTAL AGENCIES FUNCTIONING AT THE POLICYMAKING LEVEL. IMMUNITY DOCTRINE ATTEMPTS TO BALANCE THE COMPETING SOCIETAL INTERESTS IN PROTECTING INDIVIDUALS FROM POLICE ABUSES AND IN ASSURING EFFECTIVE LAW ENFORCEMENT. IMMUNITY LAW AS IT APPLIES TO FALSE ARREST TORT LITIGATION IS FAIR AND EFFECTIVE. FOOTNOTE REFERENCES AND A BIBLIOGRAPHY ARE PROVIDED. (LWM)
Index Term(s): Arrest and apprehension; Civil liability; Civil remedies for police; Federal law violations; Laws and Statutes; Police legal limitations; Torts
Note: UNITED STATES ARMY COMMAND AND GENERAL STAFF COLLEGE, FORT LEAVENWORTH, KANSAS - MASTERS THESIS
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66507

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.