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Law Enforcement Effects and Costs Associated with Section 1983

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Law Enforcement Effects and Costs Associated with Section 1983
By: Bonny Meador
Liberty University – CJUS 530

Abstract
The Federal Civil Rights Act – Title 42, United States Code, § 1983 offers the opportunity to vindicate human rights. Section 1983 was enacted after the Civil War to provide citizens with a remedy for unlawful police arrests, detentions, and killings. Today, Section 1983 is the primary civil rights law victims of police misconduct rely upon. The evidence supporting the claim is the most important element in a police misconduct suit. Civil rights claims are an important part of the legal system, providing balance between the duty of law enforcement and the rights of individuals to be free from police misconduct. Monetary costs for education and training can surmount many department budgets, however, losing a lawsuit due to lack of education and training can have far more impact on the department. This paper discusses costs, and effects, training and policy, regarding Section 1983.
Keywords: Federal Statutes, United States Code, Color of Law, Immunities, Defenses

Under United States Code, Title 42, Ch. 21, Section 1983 “Leaders always have a choice. For those in police executive roles, the choice is clear. We can continue to teach new recruits with traditional lectures and command and control classrooms. We can tell ourselves it worked well for us, so it will work with today’s recruits. This is a safe, short term option. In doing so, we avoid upsetting those in our agencies who fear and resist change.” (Cleveland, 2007)
Enacted in specific response to President Grant's call for legislation (the Civil Rights Act of 1871) (Now section 1983 of Title 42 of the United States Code) was to deal with the KKK, which in that era was widespread and organized, particularly in the southern states. The statute remained virtually dormant for 90 years

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