Essay about Civil Liability And The Civil Rights Act Of 1871

Essay about Civil Liability And The Civil Rights Act Of 1871

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When officers are negligent or abuse their authority, they are open for civil liability. This may result from false arrest, brutality, and the use of excessive force allegations that the officer intentionally violated their constitutional and civil rights. Such allegations may be the result of corruption and abuse of one’s authority under the law. Civil liability reflects private interests of a person or property resulting in money damages and not those of a criminal nature. Although, civil liability can be coupled with criminal sanctions depending on the circumstance surrounding the situation such as those surrounding wrongful death suits if the officer intentionally or negligently caused harm. This would also leave the officer open for the family to take him or her to court if the conduct violated the victims’ rights. With this in mind, The Civil Rights Act of 1871 was enacted to control the behavior of officers and provide individuals with legal redress if their Constitutional rights are violated. The Thirteenth and Fourteenth Amendments resulted in slavery being abolished and provide due process to control conduct of officers and has since been codified under Title 42 of the U.S. Coded, section 1983 legislation to allow individuals whose civil rights are violated by government officials to bring civil lawsuits to federal court against officers, law enforcement agencies, and government entities (Gaines & Kappeler, 2011).
The statute known as Section 1983, was passed to protect civil rights to unlawfully act under (color of law) the authority of law to deprive another person of their rights by acting out of the scope of the authority granted to him/her under the state (Gaines and Kappeler, 2011). The color of law means when a...


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...existing law and if the decision violated federally protect rights. The third is determining if probable caused existed under search and seizure and had reason to believe that she/he was following due process as interpreted as good faith (pp. 403-404).
As a result, 42 of the U.S. Coded, section 1983 has acted as a remedy to those injured as a result of abusive government power. Therefore, law enforcement must take federally protected rights under the color of law, departmental policies, liability training, and public safety very serious because government officials can be held to the duty doctrine to protect the public’s rights and cannot cause reckless harm. Neglectful and abusive practices in violation of the law under section 1983, not only affects an individual officer, but it can also adversely affect the agency and governments relating back to the taxpayers.

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