Law enforcement officers have been named as defendants in two recent cases based on alleged misconduct in their arrest and apprehension of alleged criminals. In the first case, four college aged students are seeking one million dollars in monetary damages from the Franklin Township Police Department (Massachusetts) in a suit filed in Federal Court in Boston where it is alleged that an officer used excessive force on a routine traffic stop. Specifically, it is reportedly alleged that the officer pulled out his gun and punched on the the plaintiff's in the face.
In another case, a New Haven Connecticut man has filed a lawsuit against the New Haven Police Department seeking ten million dollars in damages for wrongful arrest and imprisonment where he was recently acquitted of murder charges by a jury. According to reports, he alleges that the defendant officers conspired to fabricate evidence against him in an attempt to obtain a conviction.
In New Jersey, there are various causes of action that one may bring against law enforcement officers for wrongful acts. These causes of action are based on State common law and both Federal and State Constitutional law. A citizen may be entitled to monetary damages, punitive damages and counsel fees if it is proven that the law enforcement officer violated the citizen's Constitutional rights pursuant to 42 USC 1983, et. seq. Such violations may include effectuating an arrest without probable cause, charging a citizen with a crime without probable cause, targeting a citizen for arrest or harassment based on a Constitutionally protected status such as race, creed, color, national origin, religion, age or sexual orientation, depriving a citizen of property or property rights with Due Process, utilizing excessive force (force more than is reasonably required) in effectuating an otherwise valid arrest, failing to provide appropriate medical care to a citizen in custody, or utilizing improper punishment techniques.
However, it should be noted that law enforcement officers have wide latitude when carrying out their duties. Case law in New Jersey and throughout the nation holds that a law enforcement officer will not be responsible for alleged Constitutional violations when they can establish that they have acted in good faith and without intent to violate Constitutional rights. Thus, where there is a reasonable belief by the officer that the law was broken, he will not be held responsible for an arrest even if it later turns out that a crime was not committed. This is called Qualified Immunity.
