Controlling Police Through Litigation Essay

jurisprudence departments indite and implement policies and procedures to provide consistency and obviate ambiguity in department practices. These be guide terms are for staff and policemans to follow in a variety of contrastive situations. Police policies and procedures may hurl the force of law, or be considered by a speak to or jury in ascertain whether an policeman acted lawfully in the line of duty. Procedures related to employee actions can excessively be humble to legal scrutiny in some cases. A lack of policies on is work ons involving the community may result in unlawful and inconsistent police force force action. These adverse actions can create a detrimental reaction deep down the community, and open the police officers within the department to legal indebtedness. Michael Lyman quoted part 1983, Every psyche at a lower place modify of whatever statute, ordinance, regulation, custom, or usage of any state or territory, subjects, or causes to be subje cted, any citizen of the United States or any early(a) individual within the jurisdiction in that respectof to the depravation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. (pg. 270)Basically, this means that police officers are prohibited from violating any psyches courtly rights. particle 1983 is a tool for a citizen to use to sue a nonher for a trespass of civil rights. Some elements must be met in order to be subject to liability through Section 1983. First, he equivocal liability or violator of Section 1983 must be a person. A police department, state agency, or other legal entity, cannot be subject to liability under the statute. Second, the liable person must have been performing under the color of authority when the charge violation took place. A police officer who unlawfully beats a suspect in the commission of an arre st would be acting under the color of law. Finally, the accuser does not have to prove that the person intend to divest him/her of their Constitutional rights, but only that there was a deprivation.For example, a subject who was trounce by a police officer can sue that officer for excessive force, without proving it was the officers intention to go against his rights, but only that the officer intended to beat him. In some cases an officers supervisor can be held liable because he/she is responsible for(p) for the carelessness of that officer. This is known as vicarious liability, or imputed negligence (freedictionary.com). For example, a gang fragment who shoots and kills another person during a hold-up is responsible for the murder, but other gang members may be held vicariously liable for the alike(p) murder. thither are several different types of defense for civil suits, and also persons who are immune to the liability in question. There are three types of license, they a re supreme opposition, quasi-judicial immunity, and qualified immunity.Michael Lyman lists judges, prosecutors, and legislators, as those who enjoy out-and-out(a) immunity during civil liability suits (Lyman pg. 272). Lyman also reminds us that police officers and witnesses can fix absolute immunity while testifying during a criminal trial, but if found providing ridiculous testimony, may be charged with perjury. Persons within a department, performing his/her duties as assigned, during the maintain time of a Section 1983 violation, and not involved in the violation, obtain quasi-judicial immunity.Quasi-judicial immunity is provided to prosecutors who are actively involved in the trial of a person. Qualified immunity is provided to federal law enforcement officials who are accused of violating laws that have not been clearly established. If a question of liability arises, but a federal law enforcement official is by and by found to be acting in an objectively reasonable manne r he/she obtains qualified immunity (Lyman pg 273).ReferencesVicarious Liability. (n.d.) due wests Encyclopedia of American Law, mutation 2. (2008). Retrieved September 30 2012 from http//legal-dictionary.thefreedictionary.com/Vicarious+liability Lyman, Michael D (2010). The Police An Introduction. New island of Jersey Prentice Hall.