Barrineau, H.E. III : University of South Carolina
Summary
This handbook addresses the problems confronting criminal justice practitioners and their agencies due to the
increased number of civil liability lawsuits filed in recent years. It introduces the reader to civil liability
generally and the federal law specifically while indicating steps that can be taken to minimize risks.
Table of Contents
Introduction
1. Civil Liability Generally
Crime versus Tort
Categories of Torts
2. Civil Liability in Criminal Justice
Negligence as a State Tort
Intentional State Torts
The Trend Today
42 United States Code, Section 1983
History of Section 1983
Current Status of Section 1983
3. The Resuscitation of Section 1983
The Expansion of Section 1983
Other Developments
Impact
4. Civil Rights Attorney's Fees Award Act of 1976
The "American Rule"
Impact of Section 1988
Attorney's Fees for the Defendant?
A Change in the Trend?
5. Section 1983 Cause of Action
Who Can Sue?
Who Can Be Sued?
Under "Color of State Law"
The Doctrine of Respondeat Superior
Personal Involvement Required
The Magnitude of Section 1983 Litigation
6. Section 1983 Actions in Corrections
Physical Abuse
Overcrowded Prisons
Visitation and Use of the Mails
Medical Care
Cruel and Unusual Punishment
Management Issues
7. Section 1983 Actions in Law Enforcement
Illegal Search and Seizure
False Arrest
False Testimony
Police Brutality
Wrongful Death Actions
Off-Duty Activities
8. Other Section 1983 Actions in Criminal Justice
Judges
Prosecutors
Parole Officials
Witnesses
Legislators
9. The Emergence of Negligence as a Cause of Action Under Section 1983
Degrees of Negligence and Extent of Damages
Areas in which Negligence Leads to Liability
10. Personal Liability of Administrators and Supervisors
Payment of Attorney's Fees
Elements of a Personal Liability Lawsuit
11. Personnel Issues Under Section 1983
Non-Hire
Non-Promotion
Failure to Warn of Hazardous Work Conditions
Discipline/Firing
Due Process Requirements
Exhaustion of Administrative Remedies
12. Defenses and Lawsuit Prevention Strategies
Qualified Immunity
The "Good Faith" Test
An "Acceptable Beginning"
Valid Authority
Invalid Defenses
Lawsuit Prevention
Specific Proactive Principles
Summary
13. Trends
The Demise of the Exclusionary Rule
Uncertainty and Continued Change in Section 1983 Applicability
Lawyers Becoming More Knowledgeable About Section 1983
Population Migration and Changes in Values
The Growing Weight of Precedent
Abuses Continue
Failed Attempts to Set Liability Limits
Other Developments
Direction of the Trends