Controlling Police Through Litigation Essay

profound philosophy incisions draft and implement policies and procedures to provide consistency and eliminate ambiguity in department practices. These be guidelines are for staff and officers to follow in a variety of different situations. Police policies and procedures may have the force of law, or be considered by a court or jury in determining whether an officer acted lawfully in the line of duty. Procedures related to employee actions mass also be subject to legal scrutiny in approximately cases. A lack of policies on issues involving the community may result in unlawful and inconsistent police action. These adverse actions can create a negative reaction inside the community, and open the police officers within the department to legal liability. Michael Lyman quoted division 1983, Every person under tinct of whatsoever statute, ordinance, regulation, custom, or usage of any state or territory, subjects, or causes to be subjected, any citizen of the United States or an y separate person within the jurisdiction thereof 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, grammatical case in equity, or other proper proceeding for redress. (pg. 270)Basically, this means that police officers are prohibited from violating any persons cultivated rights. Section 1983 is a tool for a citizen to use to sue another for a rapine of civil rights. Some elements must be met in array to be subject to liability through Section 1983. First, he perplexing 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 acting under the color of authority when the incriminate violation took place. A police officer who unlawfully beats a funny in the commission of an arrest would be acting under the color of law. Finall y, the accuser does not have to prove that the person intended to deprive him/her of their constituent(a) rights, just now notwithstanding that there was a deprivation.For example, a subject who was overcome by a police officer can sue that officer for excessive force, without proving it was the officers intention to violate 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 the disregard of that officer. This is known as vicarious liability, or imputed negligence (freedictionary.com). For example, a caboodle member 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 same murder. on that point 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 immunity, they are direct immunity, quasi-judicial i mmunity, and adapted immunity.Michael Lyman lists judges, prosecutors, and legislators, as those who enjoy absolute immunity during civil liability suits (Lyman pg. 272). Lyman also reminds us that police officers and witnesses can obtain absolute immunity while testifying during a criminal running game, but if found providing fake testimony, may be charged with perjury. Persons within a department, performing his/her duties as assigned, during the alleged 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 later found to be acting in an objectively reasonable manner he/she obtains qualified immunity (Lyman pg 273).R eferencesVicarious Liability. (n.d.) Wests Encyclopedia of American Law, var. 2. (2008). Retrieved September 30 2012 from http//legal-dictionary.thefreedictionary.com/Vicarious+liability Lyman, Michael D (2010). The Police An Introduction. parvenue Jersey Prentice Hall.