The Scope of Police Immunity from Civil Suit Under 42 U.S.C. Section 1983 and Bivens

Abstract

This article will review the doctrine of immunity developed by the United States Supreme Court insofar as it affects lawsuits filed against law enforcement officials pursuant to U.S.C. Title 42 Section 1983, that is, a civil rights action filed against state officials, and its federal counterpart, an action filed against federal officials for violation of a citizen's constitutional rights under the authority of Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. In addition, the article will address the extent to which the doctrine of immunity, as set forth by the Court, adequately safeguards the rights of citizens and, at the same time, protects law enforcement authorities from frivolous civil lawsuits that unduly inhibit the performance of their functions.