Liability for Special or Private Police Officers

摘要

Municipalities or state governments may mistakenly believe that they can avoid all liability claims when they privatize some law enforcement or corrections functions. Even by simply granting police powers to private citizens or by allowing regular officers to work for third parties, it is possible that traditional §1983 (the Federal Civil Rights Act) or similar claims may be brought against both the individuals and the governmental appointing authority. Unfortunately, there is no "one-size-fits-all" bright line rule that determines when civil rights or other liability claims may succeed, nor when such private or off-duty officers may assert a qualified immunity defense. Courts have made it clear that determinations wil be made on a case-by-case basis, with facts controlling the outcome.