Chapter Thirteen – Legal Liabilities and Other Consequences of Police Misconduct Rolando V. del Carmen

Legal Liabilities and Other Consequences of Police Misconduct  An Overview of Police Legal Liabilities – Civil Liabilities Federal Law – Title 42 of U.S. Code Section 1983 — Civil Action for Deprivation of Civil Rights – Title 42 of U.S. Code Section 1985 — Conspiracy to Interfere with Civil Rights – Title 42 of U.S. Code Section 1981— Equal Rights under the Law State Law – State Tort Law

Legal Liabilities and Other Consequences of Police Misconduct  An Overview of Police Legal Liabilities – Criminal Liabilities Federal Law – Title 18 of U.S Code, Section 242 — Criminal Liability for Deprivation of Civil Rights – Title 18 of U.S. Code, Section 241 — Criminal Liability for Conspiracy to Deprive a Person of Rights – Title 18 of U.S. Code, Section 245 — Violations of Federally Protected Activities

Legal Liabilities and Other Consequences of Police Misconduct  An Overview of Police Legal Liabilities – Criminal Liabilities State Law – State penal code provisions specifically aimed at public officers for crimes such as: Official oppression Official misconduct Violation of the civil rights of prisoners – Regular penal code provisions punishing such criminal acts as assault, battery, false arrest, serious bodily injury, and homicide

Legal Liabilities and Other Consequences of Police Misconduct  An Overview of Police Legal Liabilities – Administrative Liabilities Federal Law – Federal agency rules or guidelines vary from one agency to another State Law – Agency rules or guidelines on the state or local level vary from one agency to another

Legal Liabilities and Other Consequences of Police Misconduct  Civil Liability under Federal Law – Section 1983 Cases – The Federal Law – The Elements of a Section 1983 Lawsuit Acting under color of law – Violation of a Right Given by the U.S. Constitution or by Federal Law Chavez v. Martinez (2004) Town of Castle Rock v. Gonzales (2005)

Legal Liabilities and Other Consequences of Police Misconduct  Civil Liability under Federal Law – Section 1983 Cases – Defenses in Section 1983 Cases The Good Faith Defense (“Qualified Immunity”) – Harlow v. Fitzgerald (1982) – Anderson v. Creighton (1987) – Fraire v. City of Arlington (5th Cir. 1992) – Brosseau v. Haugen (2004) – Groh v. Ramirez (2004) – Saucier v. Katz (2001)

Legal Liabilities and Other Consequences of Police Misconduct  Civil Liability under Federal Law – Section 1983 Cases – Defenses in Section 1983 Cases The Probable Cause Defense but Only in Search and Seizure Cases Rodriguez v. Jones (5th Cir. 1973) Brinegar v. United States (1949)

Legal Liabilities and Other Consequences of Police Misconduct  Civil Liability under State Tort Law – Types of State Tort Cases Intentional Tort – False arrest and false imprisonment Malley v. Briggs (1986) – Assault and Battery – Excessive use of nondeadly force Lewis v. Downs (6 th Cir. 1985)

Legal Liabilities and Other Consequences of Police Misconduct  Civil Liability under State Tort Law – Types of State Tort Cases Intentional Tort – Excessive use of deadly force – Wrongful death Young v. City of Killeen (5th Cir. 1985) – Infliction of mental or emotional distress

Legal Liabilities and Other Consequences of Police Misconduct  Civil Liability under State Tort Law – Types of State Tort Cases Negligence Tort – Liability for failing to protect a member of the public Public duty doctrine Special relationship Sanders v. City of Belle Glade (Fla. App. 1987) DeShaney v. Winnebago County Department of Social Services (1989) Schuster v. City of New York (N.Y. 1958) Irwin v. Town of Ware (Mass. 1984) Sorichetti v. City of New York (1985)

Legal Liabilities and Other Consequences of Police Misconduct  Civil Liability under State Tort Law – Types of State Tort Cases Negligence Tort – Negligent use of police vehicles – Injury caused by a fleeing motorist-suspect – Failure to respond to calls – Failure to arrest a drunk driver Ashburn v. Ann Arundel County (Md. 1986)

Legal Liabilities and Other Consequences of Police Misconduct  Official Immunity Defense Most Often Used in State Tort Cases – Official immunity City of Lancaster v. Chambers (Tex. 1994) Discretionary acts – City of Pharr v. Ruiz (Tex. Cr. App. 1997) The officer acted in good faith The officer acted within the scope of authority – City of Lancaster v. Chambers (Tex. 1994)

Legal Liabilities and Other Consequences of Police Misconduct  Defendants in Civil Liability Cases: Legal Representation and Indemnification – The Police Officer as Defendant Who will represent the officer in a lawsuit? Who will pay if the officer is held liable?

Legal Liabilities and Other Consequences of Police Misconduct  Defendants in Civil Liability Cases: Legal Representation and Indemnification –The Supervisor as Defendant The supervisor was personally involved in the Act What happened can be linked to negligence by the supervisor –City of Canton v. Harris (1989) If the supervisor violates the rights of subordinates (direct liability)

Legal Liabilities and Other Consequences of Police Misconduct  Defendants in Civil Liability Cases: Legal Representation and Indemnification – The City or County as Defendant Deep pockets Monell v. Department of Social Services (1978) Webster v. City of Houston (5th Cir. 1984) Owen v. City of Independence (1980) Brandon v. Holt (1985) Pembauer v. City of Cincinnati (1986) Board of County Commissioners of Bryan County, Oklahoma v. Brown (1997) Gates v. City of Dallas (5th Cir. 1984)

Legal Liabilities and Other Consequences of Police Misconduct  Other Consequences of Police Misconduct – Criminal Liabilities under Federal and State Penal Codes Exclusion of Illegally Obtained Evidence Administrative Investigations and Sanctions Revocation of Law Enforcement License