Police power and the capability of law enforcement to deprive individuals, particularly American citizens, of constitutional rights remains an issue of concern for civil rights advocates and lawmakers. Mechanisms and various statutes exist in order to redress this perception of imbalance; on the other side of the coin, the ability of law enforcement interests to initiate countersuits and take advantage of specific immunities afforded them change the playing field.
Of the tools available to citizens to seek redress against perceived violations of civil rights, Section 1983 is prominent. Section 1983, a federal statute, bolsters the power of citizens to sue police for grievances or violations of civil rights and "provides a remedy" for those …show more content…
One important case involving the alleged torture of American citizens in Iraq in 2003 raises even more questions regarding Bivens and the immunity of federal entities such as military police versus most types of prosecution (Carmichael, 2013). This raises important questions regarding the accountability and reach of Federal power against actions by citizens to challenge their authority, and, by extension, the authority of the governing bodies behind them. In the modern age of expanding police power in the United States and the increase of electronic surveillance, civil liberties and constitutional rights are becoming more important than ever. Section 1983 brought under a federal lens many actions which were previously only accountable through state tort law ("Limiting," 1969). Countersuits by the police are often initiated in order to create credible defenses or defend against perceived damages by what officers see as frivolous lawsuits against them and their departments, which are often perceived as being vicariously liable under tort law for the alleged actions of their employees. Defamation and humiliation are often persistent themes in these