Product ID: 100985RPT

Defending Police Excessive Force Cases

Assistant City Attorney City of Des Moines, Iowa
Defending Police Excessive Force Cases

The United States Supreme Court has held local governments are not liable for their employees' constitutional torts solely because they employ such tortfeasors. Unfortunately from a defense perspective, Iowa's Municipal Tort Claims Act significantly increases the exposure of local governments for constitutional torts committed by their employees, making them liable under a
mere respondeat superior theory. Nonetheless, a proper understanding of the background and purpose of ยง 1983 and relevant cases can help the practitioner properly analyze any available defenses and understand the intersection of federal and state law in this important area.

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