Open Daily: 10am - 10pm | Alley door pickup 10am - 7pm 3038 Hennepin Ave Minneapolis, MN
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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
False Arrest of Deserters: An Analysis of Immunity From Federal Civil Liability

False Arrest of Deserters: An Analysis of Immunity From Federal Civil Liability

Bozeman, John R.

Paperback

General EducationGeneral Law

ISBN10: 1249365775
ISBN13: 9781249365778
Publisher: Biblioscholar
Published: Sep 13 2012
Pages: 116
Weight: 0.38
Height: 0.24 Width: 6.14 Depth: 9.21
Language: English

This study discusses false arrest as a basis for liability in civil suits brought on the federal level, and examines the nature and scope of immunity available to protect state and local law enforcement officials, and their employers, from liability for false arrest in connection with deserter apprehension cases. The development of immunity doctrine in the decisions of the United States Supreme Court is analyzed together with trends identified in decisions of the lower federal courts as they have attempted to interpret the Supreme Court's guidelines. Conclusions drawn from these analyses are applied to issues presented by deserter apprehensions pursuant to 10 U.S.C. 808. The discussion develops the principal considerations which may affect liability in three federal civil damage remedies for false arrest: 42 U.S.C. 1983, the Fourth Amendment of the Constitution, and the Federal Tort Claims Act. The varying requirements for each remedy are analyzed by reference to potential defendants: police officers, their supervisors, municipalities, states, and the federal government.

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