Double Exposure: Civil Liability and Criminal Prosecution in Federal Court for Police Misconduct

Book excerpt: All uses of force by law enforcement are subject to review; none subject to more scrutiny than the use of deadly force. Under fed. law, there are two distinct causes of action that officers may find themselves encountering -- a civil rights lawsuit and a criminal civil rights prosecution. This article examine these distinct causes of action under fed. law; how the two proceed independent from each other, as well as from state legal proceedings or internal reviews; and why being the subject of both does not place the officer in double jeopardy. It also traces the evolution of the relevant fed. statutes and highlights certain nuances of the laws that sometimes leave officers defending themselves against unexpected and otherwise perplexing fed. actions. Illustrations.