	NPAP Publications Research Papers on Police Misconduct Reports

Research Papers on Policing, Police Misconduct and Civil Rights Litigation

These are some articles you may find interesting or thought provoking. The opinions expressed in these publications are not necessarily those of the National Police Accountability Project, its Board, or its members.

Policing and Police Misconduct
Civilian Review
Civil Rights Litigation, generally
Taser
Miscellaneous

(Click on the paper's title to download the document. Documents are in PDF Format.)

Policing and Police Misconduct

[PDF] The Interaction and Relationship Between Prosecutors and Police Officers in the U.S., and How This Affects Police Reform Efforts

Author: David A. Harris, reprinted with the permission of the author.

[PDF] Broken Lives from Broken Windows: The Hidden Costs of Aggressive Order-Maintenance Policing
Author: K. Babe Howell
Reprinted with permission of the author and the N.Y.U. Review of Law & Social Change © 2009 New York, NY.
[PDF] Rethinking How We Police Youth: Incorporating Knowledge of Adolescence into Policing Teens
Author: Lisa H. Thurau, reprinted with the permission of the author.

[PDF] Why Police Need to Understand Trauma

Author: Lisa H. Thurau, reprinted with the permission of the author.

[PDF] Disorderly (mis)Conduct: The Problem With "Contempt of Cop" Arrests
Author: Christy E. Lopez
Reprinted with permission of the American Constitution Society for Law and Policy © 2009 Washington, DC

[PDF] Young Black Men and Urban Policing in the United States
Author: Rod K. Brunson and Jody Miller
Reprinted with permission of Oxford University Press, Centre for Crime and Justice Studies © 2005 Oxford University, United Kingdom

[PDF] The Legitimacy of Police Among Young African-American Men
Author: Tracey Meares
Reprinted with permission of the Marquette Law Review © 2009 Marquette University, Milwaukee, WI

[PDF] Legitimacy and Cooperation: Why Do People Help the Police Fight Crime in Their Communities?
Author: Tom R. Tyler and Jeffrey Fagan
Reprinted with permission of the Ohio State Journal of Criminal Law © 2008 Ohio State University, Columbus, OH

[PDF] Organizational Culture and Police Misconduct
Author: Barbara E. Armacost
Reprinted with permission of the George Washington University Law Review © 2004 George Washington University, Washington, DC

[PDF] Lies, True Lies, and Conscious Deception: Police Officers and the Truth
Author: Geoffrey P. Alpert and Jeffrey J. Noble
Reprinted with permission of the Police Quarterly © 2001 Sage Publications, Thousand Oaks, CA

[PDF] Race, Drugs, and Law Enforcement in the United States
Author: Jamie Fellner
Reprinted with permission of the Stanford Law and Policy Review © 2009 Stanford University, Palo Alto, CA

[PDF] Posse Comitatus, Drugs, and the Militarization of Local Police
Author: Lynne Wilson
Reprinted with permission of the Police Misconduct and Civil Rights Law Report © 1999 Thomson West, Rochester, NY

[PDF] Police Reform and the Department of Justice: An Essay on Accountability
Author: Debra Livingston
Reprinted with permission of the Buffalo Criminal Law Review © 1999 University of Buffalo, Buffalo, NY

[PDF] The Public's Right of Access to Police Misconduct Files
Author: Lynne Wilson
Reprinted with permission of the Police Misconduct and Civil Rights Law Report © 1994 Thomson West, Rochester, NY

Civilian Review

[PDF] Arrested Oversight: A Comparative Analysis and Case Study of How Civilian Oversight of the Police Should Function and How it Fails
Author: Stephen Clarke
Reprinted with permission of the Columbia Journal of Law and Social Problems © 2009 Columbia University, New York, NY

[PDF] New Governance and the "New Paradigm" of Police Accountability: A Democratic Approach to Police Reform
Author: Kami Chavis Simmons
Reprinted with permission of the Catholic University Law Review © 2010 Catholic University, Washington, DC

[PDF] The Unfulfilled Promise of Civilian Review
Author: Debra Livingston
Reprinted with permission of the Ohio State Journal of Criminal Law © 2004 Ohio State University, Columbus, OH

[PDF] Legitimizing Community Consent To Local Policing: the Need for Democratically Negotiated Community Representation on Civilian Advisory Boards
Author: Reenah L. Kim
Reprinted with permission of the Harvard Civil Rights-Civil Liberties Law Review © 2001 Harvard University, Cambridge, MA

[PDF] Democracy vs. Collective Bargaining: Countering Police Union Attacks on Citizen Review
Author: Lynne Wilson
Reprinted with permission of the Police Misconduct and Civil Rights Law Report © 1996 Thomson West, Rochester, NY

Civil Rights Litigation, generally

[PDF] Overcoming Section 1983 Hurdles: Using the Americans with Disabilities Act to Re-Open the Civil Rights Door
Author: James Harrington
Reprinted with permisson of the author, January 2009

[PDF] An Article III Defense of Merits-First Decisionmaking in Civil Rights Litigation: The Continued Validity of Saucier v. Katz
Author: Sam Kamin
Reprinted with permission of the George Mason Civil Rights Law Journal © 2008 George Mason University, Arlington, VA

[PDF] Why Do Plaintiffs Sue Private Parties Under Section 1983?
Author: Jack M. Beermann
Reprinted with permission of the Cardozo Law Review © 2004 Benjamin L. Cardozo School of Law, New York, NY

[PDF] Paying for Silence: The Liability of Police Officers Under Section 1983 For Suppressing Exculpatory Evidence
Author: Michael Avery
Reprinted with permission of the Temple Political & Civil Rights Law Review © 2003 Temple University, Philadelphia, PA

[PDF] Expert Testimony in Civil Rights Cases
Author: Michael Avery
Reprinted with permission of the author, March 2001

[PDF] Fighting the Collateral Estoppel Defense in Section 1983 Litigation
Author: Lynne Wilson
Reprinted with permission of the Police Misconduct and Civil Rights Law Report © 2001 Thomson West, Rochester, NY

[PDF] A Litigator's View of Discovery and Proof in Police Misconduct Policy and Practice Cases
Author: G. Flint Taylor
Reprinted with permission of the DePaul Law Review © 1999 DePaul University, Chicago, IL

[PDF] Private Police Violence and the Scope of Section 1983
Author: Lynne Wilson
Reprinted with permission of the Police Misconduct and Civil Rights Law Report © 1998 Thomson West, Rochester, NY

[PDF] Malicious Prosecution Counterclaims and the Right of Petition in Police Misconduct Suits
Author: Lynne Wilson
Reprinted with permission of the Police Misconduct and Civil Rights Law Report © 1994 Thomson West, Rochester, NY

Iqbal & Twombly

[PDF] Restoring Access to Justice: The Impact of Iqbal and Twombly on Federal Civil Rights Litigation
Author: Joshua Civin and Debo P. Adegbile
Reprinted with permission of the American Constitution Society for Law and Policy © 2010 Washington, DC

[PDF] Implications for City of Canton v. Harris in Light of Ashcroft v. Iqbal and Connick v. Thompson
Author: R. Samuel Paz
Reprinted with permission of the author, October 2010.

Damages

[PDF] Myths and Mechanics of Deterrence: Litigation, Information, and Decision-Making
Author: Joanna C. Schwartz
Reprinted with permission of the U.C.L.A. Law Review © 2010 University of California, Los Angeles, CA

[PDF] Mirabile Dictum!: The Case for “Unnecessary” Constitutional Rulings in Civil Rights Damages Actions
Author: John M. M. Graebe
Reprinted with permission of the Notre Dame Law Review © 1999 University of Notre Dame, South Bend, IN

Use of Force

[PDF] "But I Thought He Had a Gun", Race and Police Use of Deadly Force
Author: Cynthia Lee
Reprinted with permission of the Hastings Race and Poverty Law Journal © 2004 University of California, Hastings College of Law, San Fransisco, CA

[PDF] Patterns of Injustice: Police Brutality in the Courts
Author: Susan Bandes
Reprinted with permission of the Buffalo Law Review © 1999 University of Buffalo, Buffalo, NY

Fourth Amendment

[PSF] PICTURE THIS: BODY WORN VIDEO DEVICES (“HEAD CAMS”) AS TOOLS FOR ENSURING FOURTH AMENDMENT COMPLIANCE BY POLICE

Author: David A. Harris, reprinted with the permission of the author.

[PDF] Stop, Question and Frisk: What the Law Says About Your Rights
Author: Ira Glasser
Reprinted with the permission of the Drug Policy Alliance, May 2011

[PDF] How Accountability-Based Policing Can Reinforce - Or Replace - the Fourth Amendment Exclusionary Rule
Author: David A. Harris
Reprinted with permission of the Ohio State Journal of Criminal Law © 2009 Ohio State University, Columbus, OH

[PDF] Good Enough For Government Work: The Court's Dangerous Decision, in Herring v. United States, To Limit the Exclusionary Rule To Only the Most Culpable Police Behavior
Author: George M. Dery, III
Reprinted with permission of the George Mason Civil Rights Law Journal © 2009 George Mason University, Arlington, VA

[PDF] The Roberts Court and the Future of the Exclusionary Rule
Author: Susan A. Bandes
Reprinted with permission of the American Constitution Society for Law and Policy, Washington, DC

[PDF] Jail Strip-Search Cases: Patterns and Participants
Author: Margo Schlanger
Reprinted with permission of the Journal of Law and Contemporary Problems © 2008 University of Michigan, Ann Arbor, MI

[PDF] Unreasonable Seizures of Unreasonable People: Defining the Totality of Circumstances Relevant To Assessing the Police Use of Force Against Emotionally [Disturbed People
Author: Michael Avery
Reprinted with permission of the Police Misconduct and Civil Rights Law Report © 2011 Thomson West, New York, NY

Taser

[PDF] The Implication of Taser Failure to Warn Liability for Police Misconduct Lawsuits
Author: Lynne Wilson
Reprinted with permission of the Police Misconduct and Civil Rights Law Report © 2011 Thomson West, Rochester, NY

[PDF] Taser Use: Report of the Use of Force Working Group of Allegheny County

Author: David A. Harris, reprinted with the permission of the author.

Miscellaneous

[PDF] Settlements You Can't Sign: Ethical Implications of Chicago's Machinery of Denial
Author: Craig B. Futterman, Jason E. Huber, and Pier Peterson
Reprinted with permission of the Police Misconduct and Civil Rights Law Report © 2009 Thomson West, New York, NY

[PDF] An Alternative Remedy for Police Misconduct: A Model State "Pattern or Practice" Statute
Author: Samual Walker and Mogan Macdonald
Reprinted with permission of the George Mason University Civil Rights Law Journal © 2009 George Mason University, Arlington, VA

[PDF] State Revocation of Law Enforcement Officers’ Licenses and Federal Criminal Prosecution: An Opportunity for Cooperative Federalism
Author: Roger Goldman
Reprinted with permission of the Saint Louis University Public Law Review © 2003 St. Louis University School of Law, St. Louis, MO

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