When are Supervisors Liable for the Actions of Subordinates in Federal Civil Rights and Police Liability Cases?

By Eric Marcy |   Nov. 20, 2015

Municipal Liability
When are Supervisors Liable for the Actions of Subordinates
in Federal Civil Rights and Police Liability Cases?

In Federal civil rights actions under 42 U.S.C. § 1983, supervisors are frequently named as defendants, even in circumstances were the supervisor was not directly involved or did not even have knowledge of the actions of the subordinate that gave rise to the claimed deprivation of civil rights. Shift Commanders, Lieutenants, Captains, Deputy Chiefs and Chiefs of Police are commonly named in “shotgun pleadings” when there has been a claim of excessive force or other alleged violation of Federal or Constitutional law. Supervisors should know when their conduct exposes them to liability for the actions of their subordinates and when it does not.

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Topics : Litigation, Use of Force, Federal Civil Rights, Criminal Defense, 42 U.S.C. Sec. 1983, police, Constitutional Rights, Criminal Law, Due Process, Eric Marcy, law enforcement, Police Misconduct, Civil Rights Litigation | 0 Comments Read More

Passing on Passwords

By Darren M. Gelber |   Jun. 18, 2012

Technology and the LawA recent article in the NJ Law Journal (May 14, 2012, p. 3) piqued the Monitor’s interest as a harbinger of things to come. According to the article, as Morris County prosecutors were preparing to try a criminal defendant facing narcotics charges, they realized that law enforcement officers had seized several cell phones and a Blackberry at the time of the arrest. Interested in learning what information might be contained on these phones, prosecutors applied for and were granted a search warrant authorizing them to inspect the information contained in the phones. However, prosecutors and their investigatory staff apparently ran into trouble when they could not crack a password-protected Blackberry to review the information on it. Therefore, they sought an order compelling the defendant to provide them with the appropriate passcodes to enable them to access the information stored in the Blackberry.

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Topics : smartphones, Right to Remain Silent, Constitutional Rights, John Dell’Italia, Morris County, Electronic Data, law enforcement, NJ Law Journal | 0 Comments Read More

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