ABSTRACT
OVERVIEW The procedures for filing civil litigation against criminal justice personnel have been discussed. Plaintiffs may file civil actions either in state court under state tort law or § 1983 and in federal court under § 1983. In this chapter, the legal concepts of immunities and defenses will be presented. The chapter will conclude with a discussion of reducing liability exposure by examining basic principles of risk management and a few examples of best practices. It is critical that criminal justice personnel understand the defenses available, as well as their implications. Defenses in both state and federal court will be addressed, including official immunities and the good faith defense.
