Now in a new two-volume Third Edition, Municipal Liability: Law and Practice provides insightful analysis of the civil rights statutesand—such as Sections 1981, 1982, and 1983and—and the essential Supreme Court cases, plus fully up-to-date explanations on how the courts are expanding or limiting plaintiffsand’ rights against municipalities and their public officials. It gives you clear and thorough discussions on how to establish causes of action and assert defenses, who carries the burden of proof, procedural concerns, the particular factors that different courts look for to determine liability, attorneysand’ fees, damages and much more. Potential civil rights violations by municipalities covered in this two volume resource include: E-Mail in the Workplace Fully grasp the balance between employee privacy rights and employer surveillance rights. The Electronic Communications Privacy Act (ECPA), The Wiretap Act, and The Stored Communications Act are all examined. Sample access and disclosure forms are included. Employment Discrimination Youand’ll find out how to bring an actionand—and defend against oneand— for claims under Title VII (including a detailed discussion of sexual harassment claims); The Civil Rights Act of 1991; the Age Discrimination in Employment Act (ADEA); and the Americans with Disabilities Act (ADA). Plus, several state anti-discrimination laws are discussed to illustrate new developments you need to know. First Amendment Issues Topics include about the impact on First Amendment issues involving freedom of speech, limitations on use of public property, freedom of religion, restrictions on the advertising of alcohol and cigarettes on public ways; and more. Municipal Zoning Topics include establishments that provide adult education; video arcades; the use of building moratoria to slow down development; and liability arising out of the failure to issue a building permit or properly inspect a facility before issuing a certificate of occupancy. Police Misconduct Topics include liability for police officers, supervisors and municipalities; how to show illegal searches, excessive use of force and other violations;malicious prosecution, prisonersand’ rights and freedoms; exhausting state remedies; and more.

Municipal Liability: Law and Practice, Fourth Edition

Building on the strength of previous editions, the fourth edition presents a well-conceived, clearly stated analysis of complex issues confronting law enforcement officers and administrators. Law enforcement duties sometimes place police officers in vulnerable positions regarding their legal obligations and expose them to charges of misconduct. Civil liability is an extremely expensive proposition for police officers, law enforcement agencies, governments, andultimatelytaxpayers. Although substantial resources are often expended by the justice system to resolve liability cases, there are benefits to citizens. When the government assumes the responsibility to provide service or to protect the public, people injured by inadequate performance of those responsibilities deserve compensation; innocent parties who suffer injury should have an avenue for redress. The potential for litigation has been an impetus for better training and more responsible practices. Another excellent resource on the topic, Kappelers edited volume of Supreme Court cases, Police Civil Liability, Second Edition, allows students to understand firsthand the legal reasoning behind Court decisions dealing with these same issues.

These are challenging times, and perhaps it is here that humans are viewed at their best and their worst. Everyone is accountable for what they say and do. And since government at all levels and its officials are not exempted, and who operate in a more open environment than they once did, primarily as a result of legislation providing for open meetings, more accessible public information, and under more open and recordable visibility, public officials must be more cautious and more aware of the decisions they make. Although a conscious effort on the part of public officials to avoid personal liability suits will help reduce the number of suits filed against them or the government, some preventive and proactive measures--e.g., becoming more proficient in the duties and responsibilities of office, cultural and social education, sensitivity training--must be taken to avoid the possibility of successful liability lawsuits. Public officials are held morally responsible for their decisions, and they are to be respected for the demands placed on them by virtue of that office. However, individuals, including those injured by a particular governmental policy or an official's decision, are not accepting grievous actions which go against their individual interests. Many are not content with exhausting administrative remedies; rather, they are turning to the courts for a remedy in cases of wrongful death, misuse of legal procedure, etc. A conscious, individual effort to reduce the occurrence liability suits through responsible public decisions will help hold the number of successful suits to a minimum.

The thirty-five Supreme Court cases in the second edition provide a solid, accessible foundation for understanding civil liability law and its impact on policing operations and management. This convenient resource also includes a brief review of the basics of judicial reasoning and a short introduction on how to brief cases. These materials and the discussion questions at the end of each section help readers understand the process of legal inquiry and analysis and the changing nature of police civil liability law. An excellent complement to Kappelers text Critical Issues in Police Civil Liability, Fourth Edition!

Law enforcement agencies and their employees are continually at risk for potential liability related to torts, civil rights violations, and employment law issues. Litigation may involve suits by the public against officers and the administration, actions by the administration against officers, or actions by officers against the administration or me