Assignment 1

Assignment 1, CRJU 7370, Civil Liability in CJ

Choose one question from each of the following four pairs. This is an open book essay exam, but it is imperative that you discuss the issues in your own words. Ive got access to the same text, and I do not want any cutting and pasting. Nor are any AI generated manuscripts allowed. Refer to the course policy on Academic Honesty and Integrity set forth in the Course Syllabus.

1) Chapter One presents a lot of statistics related to liability claims filed against police and correctional agencies. As CJ scholars we know that it is more important to look at trends rather than one or two highly publicized cases. So, identify the most common types of civil liability incurred by law enforcement agencies. Then discuss the trends that you see in terms of who wins those claims. For this question stick to cases that involve non-CJ plaintiffs. In other words, the people filing claims do not work within the CJS.

1A) Chapter One, take on the same issue as presented above, except this time go with claims that are filed by CJ plaintiffs, i.e., officers or staff that are suing their respective agencies.

2) Chapter Two and Three lets begin with Torts. What type of actions are Torts? Go through the necessary elements to bring a successful case. Describe the different types that are most applicable to the CJS and use examples to illustrate. Also, in terms of bringing civil actions, which is best a state or federal court? Or does it matter?

2a) Chapter Two, just when we were establishing Civil Law principles along comes another application of the Criminal Law. Anyway, it is clear to see that criminal liability under Title 18 U.S. Code Sections 241 & 242 (1886) may be connected to successful civil lawsuits. There are plenty of examples to demonstrate when one set of bad actions leads to both types of liability.

3) Chapter Three, summarize the general defenses to tort actions, illustrate with examples.

3a) In Chapter Three we see that Federal Agents and Officers are NOT immune to civil liability however, plaintiffs must choose the correct laws and procedures. Explain.

4) Chapter Four is all about Section 1983 litigation. First, what are the elements of a Section 1983 claim? Then discuss the significance of the landmark decision Monroe v Pape, this should include the facts of the case, the Supreme Courts ruling and the impact of this decision on the CJS.

4a) First identify the elements of a Section 1983 claim. Then present the remedies available under a Section 1983 claim.

The textbook is Civil Liability in Criminal Justice, 8th Edition, Routledge Publishing.