​

 

     State and local government bear a constitutional duty to prevent the abridgement of the rights to life, liberty and property guaranteed by the Fourteenth Amendment. That duty is delegated to law enforcement officers. However, the need for public safety cannot justify blatant misconduct by those tasked with enforcing the law. Federal and state civil rights statutes allow members of the public victimized by an errant officer to seek redress for violations of their constitutional rights by filing a civil action against the officer and the governmental entity that employed the officer. If a victimized party prevails, that party may be awarded monetary damages (compensatory and punitive), attorney fees, and injunctive relief against the named defendants. If injunctive relief is granted, it will likely require that the governmental entity train and supervise its officers with far greater care. Litigating a civil rights action requires an enormous commitment of time by all concerned, involves complex legal issues, and generates substantial but necessary costs. At the same time, its awards can be enormously gratifying for the victims, their counsel and those spared from being victimized by similar law enforcement misconduct in the future.