Evaluating the usefulness of civil suits as a judicial remedy for systemic police misconduct in the United States
Journal Title: Revista Institutului Național al Justiției - Year 2017, Vol 41, Issue 2
Abstract
The American experience with private suits against police departments reveals interesting insights into the strengths and weaknesses of using civil suits as a check on police misconduct. The American legal doctrine of qualified immunity bars suits against individual government actors performing their duties in office, which allows government officers to perform their duties with confidence that they will not be held personally liable in a civil suit. Statute has provided standing to both private individuals (§1983) and the Department of Justice (§14141) to sue police departments who have a demonstrable record of discriminatory behaviors against minorities. These suits still require high evidentiary standards, but provide an opportunity for plaintiffs to overcome qualified immunity claims in cases of racial discrimination. The article suggests that other states considering how to deal with civil suits for police misconduct could learn from the American experience to better serve the interests of justice.
Authors and Affiliations
Jesse Stricklan
Keywords
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