Police liability for Fourth Amendment violations: An analysis of Section 1983.
Item
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Title
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Police liability for Fourth Amendment violations: An analysis of Section 1983.
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Identifier
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AAI9325080
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identifier
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9325080
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Creator
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Chiabi, David Kini.
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Contributor
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Adviser: William Heffernan
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Date
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1993
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Language
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English
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Publisher
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City University of New York.
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Subject
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Sociology, Criminology and Penology | Law
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Abstract
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This study is aimed at determining a profile of the characteristics and the processing of section 1983/Bivens actions by federal courts in the Eastern and Southern districts of New York. The study also addresses the question of damages, which is the main remedy sought by plaintiffs in these cases.;The data for this study were collected from many sources and can be classified into three categories. They are: (1) case records, (2) interviews, and (3) other records. Elements (independent variables) of section 1983/Bivens actions were used to measure two dependent variables: (1) the successful prosecution of an action, and (2) the amount of damages awarded.;Frequency analyses, crosstabulation analyses, correlational analyses, and bivariate scatterplot analyses were used to study relationships between the variables. Factor analysis was used as a data reduction technique in complex data and logistic regression analyses were used to test variables that had an impact on the dependent variables.;The study found that the dollar amounts recovered in these cases are not usually very large except for occasional awards in excessive force cases. Settled cases seem to have resulted in lower amounts of median damages as compared to bench and jury trials. Of all the cases filed pro-se, only one resulted in damages.;The study also found that the many actions filed by pro se plaintiffs are typically not properly presented and consequently do not result in damages. More suits were settled than tried and settled cases consumed about as much time as actions resolved by the other methods of disposition.;The results of the regressions showed that type of representation, violence and the presence of malice predicted successful prosecution of cases. As with success, type of representation and violence were found to predict the amount of damages awarded. Inclusion of a government agency in the data is also a significant predictor of damage award. By focusing on settlements, this study in a new approach showed that there are actually more cases resulting in damages than had previously been supposed.
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Type
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dissertation
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Source
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PQT Legacy CUNY.xlsx
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degree
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Ph.D.
