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

Eric Marcy to be a Panelist on "Your Top Local Government Law Questions Answered" topics including Use of Force, Civil Rights Litigation and Ethics

By Eric Marcy |   Aug. 31, 2015

Eric Marcy, shareholder of the Criminal/Civil Law team, will present at the National Business Institute seminar, Your Top Local Government Law Questions Answered, on Thursday, October 22nd at the Holiday Inn Cherry Hill on 2175 Marlton Place at Rte 70 and Sayer Avenue, Cherry Hill.
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Topics : Use of Force, Criminal Defense, Constitutional Rights, Criminal Law, Legal Education, NJ Criminal Justice Process, Police Misconduct, Civil Rights Litigation | 0 Comments Read More

The George Zimmerman Trial - A New Jersey Perspective

By Darren M. Gelber |   Jul. 3, 2013

New Jersey residents who may be watching or reading published accounts of the ongoing trial of George Zimmerman in the State of Florida, who stands accused of the murder of Trayvon Martin, may be wondering how a similar case might be treated if it had occurred here in New Jersey.

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Topics : Use of Force, Trials, Crimes | 0 Comments Read More

Certain Types of Pepper Spray + Taser = Potentially Lethal

By Darren M. Gelber |   Jul. 3, 2012

New Jersey police officers will soon be permitted to employ "conducted energy devices (CED)," commonly known as tasers. Used properly, tasers can be an effective tool to bring a violent suspect under control without the need to resort to deadly force. The New Jersey Attorney General should be commended for insisting that the use of tasers by law enforcement be the subject of testing and evaluation to determine how the devices can be used safely and how officers should be trained.

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Topics : Use of Force | 2 Comments Read More

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