ABSTRACT
Congress has passed significant legislation authorizing the Department of Justice to initiate investigations and pursue litigation against correctional and police entities. This chapter describes how these two pieces of legislation operate and affect criminal justice agencies. The issue of police misconduct and prisoner abuse is clearly a matter of social policy and legislation requiring assessment. Section 14141 allows the Division to file a lawsuit against a police entity for allegations of "pattern or practice" of police misconduct. The allegations must show that an individual's constitutional rights were violated. While such allegations may include a variety of claims, analysis of the consent decrees and memorandums of agreement reveals several levels of claims. Consent decrees serve as court-ordered and court-enforceable settlements. A federal judge provides oversight of the consent decree, which normally lasts five years. The Civil Rights of Institutionalized Persons Act, 42 USC. § 1997 et seq. was passed by Congress in 1980 and is similar to § 14141.
