Law Enforcement And Civil Rights Violations - 1166 Words

A. Police misconduct cases are those brought against law enforcement agents and agencies under 42 U.S.C  §1983 or a corresponding state laws that allege improper police action. 1. These cases can include allegations such as excessive force, false imprisonment, failure to provide protection, or wrongful death. 2. Currently, the most viable way of redress for rights’ violations is through civil suits. 3. However, civil rights plaintiffs face unique and substantial barriers to successfully prosecuting their claims. a. As New York Times reporter Erwin Chemerinsky notes, â€Å"In recent years, the court has made it very difficult, and often impossible, to hold police officers and the governments that employ them accountable for civil rights violations. This undermines the ability to deter illegal police behavior and leaves victims without compensation.† B. When damages are awarded in such cases, municipalities are typically required to indemnify an officer when the judgment results from the performance of his or her duties, provided that it was not caused by that officer’s willful or malicious misconduct. 1. This practice is premised on the assumption that exposing officers to liability will act as an over-deterrent. a. It is surmised that the fear of retribution would lead individuals to shy away from becoming police officers or cause those who are police officers to shirk their required duties. 2. Additionally, it is meant to assure that victims will be able to recover theShow MoreRelatedCongress Passed Health Insurance Portability and Accountability Act to Protect Privacy and Health Care699 Words   |  3 PagesP.A.A. policies brought about change in professionalism, medical standards, taxing, and enforcement. Throughout history, maintaining patient privacy has always been a problem in the medical field. 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