Michael S. Vaughn

Police civil liability under section 1983: When do police officers act under color of law?

When law enforcement personnel are sued in civil court pursuant to Title 42 of the United States Code, Section 1983, before a court can assess whether a police officer violated a plaintiffs federally guaranteed rights, the court must first determine that the officer acted under color of law. Although previous researchers have focused extensively on police civil liability, there is a dearth of research on the color of law issue, an essential element of Section 1983. Using ninety-six law enforcement cases, this article attempts to fill that void by identifying the circumstances under which law enforcement officers act under color of law. After briefly describing the history of the color of law issue, the article divides the analysis into six parts: (1) officers who intimidate citizens from exercising their rights, (2) officers who settle personal disputes with police powers, (3) officers who act pursuant to state statutes or municipal ordinances, (4) officers who perform police functions, (5) officers who identify themselves as law enforcement officials, and (6) officers who act pursuant to departmental customs and policies. The article concludes by dichotomizing the factors courts consider when holding that officers act and do not act under color of law.

Separate and unequal: Prison versus free-world medical care

Rusche and Kirchheimer argued that attempts at penal reform are limited by a principle of less eligibility, by which the regimen of punishment is made harsher than the conditions of life among the least well-off members of the working classes. In addition, Black posited that the benefits of law are inversely related to stratification and morphology; that is, inmates would be entitled to fewer benefits in law than would free-world citizens. Today the penal harm movement strives to make prison life harder, asserting that comfortable prison conditions are responsible for high crime rates. Critics frequently blame judicial intervention in prison operations for upsetting the careful calibration necessary to deter crime. In this article we examine these assertions by focusing on medical care litigation. Comparing the legal rules and precedents used to hold prison physicians liable for inadequate medical care under 42 U.S.C., Section 1983 with the standards customarily employed by courts in evaluating medical ma...

Police sexual violence and rape myths: Civil liability under Section 1983

Emergence of police sexual violence (PSV) as an inquiry of police deviance has recently received increased attention. This article expands this trend, documenting court decisions within the U.S. that impose civil liability on police and correctional officers who perpetrate sexual violence. Forming the basis of the analysis are cases litigated under Title 42 U.S. Code (USC) Section 1983. The article organizes these cases into the following categories: (1) establishing the color of law requirement in PSV cases; (2) sexual violence that violates the Fourteenth Amendments due process clause; and (3) sexual violence that violates the Eighth Amendments prohibition against cruel and unusual punishment. Additionally, the article notes that most officers charged with PSV attribute their behavior to common rape myths that persist in police subcultures. Calling for additional police training on rape myths, the article concludes that further research is needed on PSV within the legal, subcultural, and social context.

Research Note: Smoking in Prisons—A National Survey of Correctional Administrators in the United States

This article presents a national survey that assesses the policies of correctional institutions regarding staff and inmate exposure to secondary tobacco smoke. Correctional administrators from the 50 states were queried about smoking problems in prisons, focusing on disputes among inmates, among staff, and between staff and inmates. The respondents identified nonsmoking areas in their facilities and listed the various administrative responses used to alleviate the problem. The article compares the opinions of administrators on the impact of a policy that restricts or bans smoking with case studies of institutions that have already banned smoking, and concludes that more research is needed to determine the relative pros and cons of restricting or banning smoking in prisons.

Civil Liability Against Prison Officials for Inmate-On-Inmate Assault: Where are We and Where Have We Been?

This article focuses on civil liabilities imposed on prison officials for inmate-by-inmate assault in correctional facilities. After briefly discussing the statistical frequency of inmate-by-inmate assault, the article examines Farmer v. Brennan, a case on inmate-by-inmate assault decided in 1994 by the U.S. Supreme Court. Through an analysis of 96 pre-Farmer cases on inmate assault decided in the U.S. circuit courts of appeals, the article outlines the parameters under which officials might be held liable in post-Farmer litigation. The article concludes that the circumstances and situations under which prison officials are liable will not sufficiently change because the realities of judicial decision making may make it difficult for individual judges to distinguish between pre-Farmer and post-Farmer standards.

Prison civil liability for inmate-against-inmate assault and breakdown/disorganization theory

This article assesses civil liability against prison officials brought under Title 42, United States Code, Section 1983 for inmate-against-inmate assault resulting from the incarceration of violent offenders. After a discussion of Farmer v. Brennan (114 S.Ct. 1970, 1994), the Supreme Courts case on inmate-against-inmate assault, the article focuses on thirty-five pre-Farmer cases to identify the situations and circumstances most likely to result in civil liability against prison officials in post-Farmer litigation. The analysis is divided into four types of cases that invoke possible liability: (a) failure to implement classification decisions and segregate vulnerable inmates from aggressors, (b) failure to provide protection promised to a specific inmate, (c) failure to provide protection to an inmate on an enemy hit list, and (d) failure to enforce court orders and consent decrees mandating protection for vulnerable inmates. The article concludes that comprehensive breakdowns in prison management lead to disorganization that fosters an environment in which inmate-against-inmate assaults flourish.

Police Civil Liability and the First Amendment: Retaliation Against Citizens Who Criticize and Challenge the Police

This article explores Section 1983 civil liability against police officers who retaliate against citizens exercising their First Amendment rights. The retaliation cases are categorized into three groups, using the standard developed by the United States Supreme Court in Mt. Healthy City School District Board of Education v. Doyle (1977). The article then identifies three defenses successfully used by police officers, and concludes that officers must develop skills in anger management and interpersonal communication, so when confronted with verbal challenges, they can de-escalate the situation without risking First Amendment liability.

Toward a New Methodology for Legal Research in Criminal Justice

This article informs the reader about legal research, compares it with other forms of social science research, and ultimately argues for the respect it is due, contending that law is at the core to a complete understanding of criminal justice and criminology. While research has a strong positivistic focus, legal scholarship has often set the foundational aspects of much in the field of criminal justice. The discipline is changing rapidly, however, with mixed methods research combining both qualitative and quantitative analysis, including legal issues in criminal justice. The article maintains that: (1) law research and social science research methodologically are not mutually exclusive; (2) legal research has made significant contributions to criminal justice and is not peripheral to quantitative research; and (3) legal research will and should continue to effectively contribute to the advancement of scholarship in criminal justice.

Police civil liability for abandonment in high crime areas and other high risk situations

This article addresses police civil liability for abandoning citizens in high crime areas or in other high risk situations of victimization. The public duty doctrine has historically barred police liability for third party victimization. As the number of high crime areas and neighborhoods in which criminal victimization occurs rapidly grows, some courts are eroding the public duty doctrine and holding the police liable for abandoning citizens in dangerous places. An analysis of the ‘special relationship’ and ‘danger creation’ case law pursuant to Section 1983 shows that liability is more prevalent when police abandon children in dangerous places and when police abandonment results in serious physical injury to crime victims. Most courts, however, reject abandonment claims raised under Section 1983 when the police do not show “deliberate indifference” to the plaintiffs constitutional rights. The article concludes with policy guidance for police personnel to avoid liability for abandoning citizens in high crime areas or in other high risk situations.

Evaluating a Prison-Based Drug Treatment Program in Taiwan

Using data collected from prerelease and 12-month follow-up interviews with drug-using offenders, this article evaluates the efficacy of the first prison-based drug treatment program in Taiwan. A quasi-experimental design matching drug-abusing offenders into treatment and nontreatment groups was adopted. Program outcomes were measured in five domains: criminal recidivism, post-release drug use patterns, improved family and social relationships, problems adjusting to community life, and mental health after release. Logistic and OLS regression were employed to identify possible correlates of program outcomes. The results generally failed to confirm positive outcomes generated by the compulsory drug treatment program. Program participants reported higher rates of recidivism and post-release illicit drug use than nonprogram participants. Program participants also reported more problems adjusting to community life after release. Post-release living arrangements, friends or family members abusing illicit drugs, and problems adjusting to community life after release were also found to be significant correlates of recidivism and post-treatment drug use. Post-release employment status and mental health status were significantly related to post-treatment drug use, but not to recidivism. Since multiple factors lead to drug addiction, the article concludes that the structure and implementation of Taiwans prison-based drug treatment program needs reform to effect positive behavioral change on drug-abusing offenders.