ABSTRACT
Law enforcement and correctional personnel have legal authority to use force in the performance of their duties. The police frequently use force to effect lawful arrests, in self-defense, and to overcome unlawful resistance. This chapter examines the liability issues surrounding claims of excessive force in police and correctional work. The use of force by police and correctional officers is a critical topic in civil liability and is of fundamental importance. Physical encounters between prisoners and correctional personnel are intrinsic to the institutional environment. Working as a correctional officer can be a dangerous job, and deciding to use force is an extremely critical issue. Claims alleging the use of excessive force by criminal justice personnel that violates the constitutional rights of an arrestee or prisoner may be filed in state court using state tort laws or in federal court under § 1983. The major distinction between the two court systems is the component of a constitutional deprivation.
