(908)402-4770The US Constitution protects against oppressive actions by law enforcement and other government employees at all levels. While most interactions with law enforcement are routine and no more serious than a traffic citation, there are often cases of unlawful police conduct in New Jersey.
This could mean people find themselves victims of unlawful arrest, unjust imprisonment, malicious prosecution, or illegal searches and/or confiscation of their property.
At the heart of these protections lie the Fourth Amendment (“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizure, shall not be violated…”) and the Fourteenth Amendment (“No state… shall… deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction equal protection of the laws…”) of the U.S. Constitution.
If an officer searched your property, home, or vehicle without probable cause or a search warrant, this would violate your Fourth Amendment rights. As a result, and in most cases, the police cannot use any evidence found during that illegal search against you in court.
Similarly, the New Jersey State Constitution echoes these protections, affirming the right to be free from governmental intrusion on the public’s civil liberties. It states in Article I, Paragraph 1: “All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.”
Additionally, Article I, Paragraph 5, and Paragraph 12 of the New Jersey State Constitution respectively uphold: “No person shall be denied the enjoyment of any civil or military right, nor be discriminated against in the exercise of any civil or military right…” “Cruel and unusual punishment shall not be inflicted.”
Under 42 U.S.C. § 1983, (Civil Rights Act of 1871), individual accountability is attached to those employed by government entities who infringe on the constitutional rights of private citizens: “Every person who…subjects, or causes to be subjected, any…person…to the deprivation of any rights…secured by the Constitution…shall be liable to the party injured.”
The New Jersey Civil Rights Act
Likewise, the New Jersey Civil Rights Act (“CRA”) (N.J.S.A. 10:6-1) offers protection, prohibiting anyone “acting under color of law” from depriving another of constitutional rights. Additionally, the CRA prohibits government agents from interfering with the exercise of those rights through threats or coercion.
When addressing civil rights violations, there are two categories under the CRA: cases where a person is “deprived of a right,” and instances where one’s “rights are interfered with by threats, intimidation, coercion, or force.”
Enforcement of these rights against those acting “under color of law” applies specifically to law enforcement officers or those in similar public roles. The individual against whom a New Jersey Civil Rights Act claim can be made must be acting within his or her capacity as a law enforcement officer or related public role. Any deprivation, interference or attempt to interfere with one’s rights may provide for a private right of action against the law enforcement officer.
Qualified Immunity
A law enforcement defendant can assert qualified immunity as an affirmative defense when facing allegations under the CRA. This doctrine shields officials from civil damages when their actions do not infringe upon clearly established statutory or constitutional rights. Such rights must be recognizable to a reasonable government official.
A judge, not the jury, decides if a valid qualified immunity defense exists. In deciding that issue, the court will look at the incident in a light most favorable to the party suing the law enforcement officer. The court asks itself two questions: (1) Did the officer’s conduct violate a constitutional right? (2) Was the right clearly established?
The Monell Doctrine
It is important to note that under the CRA, there is no vicarious liability imposed on the municipality or other government agency because of the actions of one or more of its agents. However, under a U. S. Supreme Court decision (Monell v. New York City Dept. of Social Services, 436 U.S. 658 (1978)), municipalities and government agencies may be held liable for civil rights violations by their agents if those violations were due to laws, ordinances, customs or policies:
Ordinance, Policy or Procedure
One way to make a Monell claim is to show the city or government agency had an official policy that led to the civil rights violation about which you are claiming. This policy could be in the form of laws, rules, or regulations the government follows. Of course, if there is a written policy that caused the problem, you have a strong case. But it’s not always easy to find a clear-cut policy that led to the harm. Most cities aren’t going to have a policy that says, “we allow unlawful actions,” so you might need to dig deeper.
In addition, the actions of certain groups or individuals within the government can count as policies too. Think about a police commission – if they make decisions that affect how police work is done, that can be seen as a policy.
As another example, when certain individuals in authority make decisions that influence how things are done, that can be considered a policy as well.
Custom or Practice
People who are suing over police misconduct might try to prove that there’s a custom – a common practice that’s so deeply rooted it’s like a law – that’s responsible for the wrongdoing. For example, they could say that the police department has a history of not addressing complaints about excessive force, which led to a civil rights violation.
They could also argue the police unfairly use force against specific groups of people. It’s all about showing that these practices are so ingrained that they’re like unofficial policies.
Failure to Train
Lastly, plaintiffs can also assert Monell claims when a local government fails to properly train, supervise, discipline, or screen its employees, especially in the context of police misconduct. This leg of the Monell doctrine arose in Canton v. Harris, 489 U.S. 378 (1989). In Canton, Harris was arrested and, while in the Canton, OH police station, fell down several times and was incoherent. The Canton police officers did not call for medical assistance.
After her release, she was diagnosed as suffering from several emotional ailments requiring hospitalization and subsequent outpatient treatment. She later sued the city, police department, etc., under § 1983. She claimed they had violated her civil rights since the police officers were not trained to determine if arrestees needed medical care while in custody.
The Supreme Court said a city not properly training its employees can count as a “policy” under Monell. But there’s a twist – it only counts if the city’s failure to train shows they didn’t care about people’s constitutional rights. In other words, they were deliberately indifferent to these rights.
Damages Under the CRA
The New Jersey Civil Rights Act allows victims to seek compensation, legal fees, and injunctive relief.
Understanding your rights and the avenues for redress can serve as a vital foundation for rectifying unlawful police conduct and seeking justice when your civil liberties have been undermined.
Experienced New Jersey Civil Rights Attorneys Can Help Persons Whose Civil Rights Have Been Violated
People living in New Jersey may face illegal actions by federal, county or local governments and/or their employees. These illegal acts may result in civil rights violations under the federal or state Constitutions, and/or the CRA.
Whatever the circumstances, the knowledgeable New Jersey civil rights attorneys at Schiller, Pittenger & Galvin, P.C., can analyze your case. We can identify which or how many of your civil rights have been violated and what the best course of action should be. If necessary, we are prepared to litigate and try your case before a jury. If you believe that a government employee violated your civil rights or those of a loved one, contact the civil rights attorneys at Schiller, Pittenger & Galvin P.C., in their Scotch Plains office at 908-490-0444. You can also email them here.