Issue of civil liability under 42 U.S.C. section 1983 Essay

Issue of civil liability under 42 U.S.C. section 1983 - Essay Example Besides civil liability, this study also intends to address qualified immunity, a decree whose role encompasses shielding all state’s agents like police while executing respective mandates. The fact that it was impractical for all aggrieved parties to present individual claims touching on incurred damages directly to the constitution, it is therefore a requirement that such people result to own lawsuits only achievable through section 1983 (Huth & Cavico, n.d). Besides availing tangible legal remedies more so in terms of monetary damages, this section is essential in predicting the attorney’s fee recovery (Huth & Cavico, n.d). In addition, the affected has the opportunity of lodging complaints with the local citizen complaint board. This is especially when respective state’s agents (police) fail in executing required measures as agreed upon with the aggrieved. In this section, its core intention encompasses granting the aggrieved ample platform meant to sue anybody who in anyway prompted the affected not enjoying certain entitled constitutional privileges (Jail House Lawyer’s handbook, 2010). Therefore, it acts, as a shield whose intention encompasses addressing cases that a certain state agent has acted inappropriately to the extent; the affected did not enjoy his or her privileges. Hence, granting a person an opportunity to express oneself besides enjoying other privileges availed by enactments that allow him or her to embrace his or her creed of choice and other aspects. This is without any instances of seizure, unjustifiable castigations that eventually yield to internment. Studies contend absolute immunity encompasses shunning any incidences of state’s agents being liable for unjustifiable criminal prosecutions and lawsuits. However, this immunity is only active and recognizable when the state’s staff acts accordingly and within limits of one’s duties. Hence, implying if he or she goes off the agreed and set