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1974 Ins. L.J. 213 (1974)
False Arrest: Good Faith a Defense to Section 1983 Actions

handle is hein.journals/inslj36 and id is 213 raw text is: False Arrest: Good Faith a Defense to Section 1983 Actions By JAMES R. SCHIROTT and ROBERT D. KOLAR This article examines the common law defenses of good faith and probable cause as they apply to false arrest cases or to cases main- tained under Section 1983 of the Civil Rights Act. James B. Schirott and Robert D. Kolar are members of the law firm of Judge, Hunter & Schirott, Ltd., Park Ridge, Illinois. Introduction N THE CONTEMPORARY SOCIETY in which we live, the gen- eral population is becoming increasingly litigation conscious. One need only pick up a newspaper to see articles regarding the size and frequency of jury verdicts in the various litigation centers across the country. On this basis, it is not surprising to see the number of suits against municipal corporations and their officers also on the rise. Of course, up until approximately 20 years ago, any such lawsuit would have been barred under the common law doctrine of sovereign immunity. However, several states have now passed tort immunity acts which allow suits against them under certain circumstances. Judicial ero- sion of those tort immunity acts now allows suits against municipal corporations and their agents in a wide variety of circumstances.' By far the largest number of suits against municipal corporations involve police misconduct. Naturally, most of the charges against police officers involve allegations of police brutality or false arrests. Even though the courts have become increasingly liberal in allow- ing suits against municipalities, they nevertheless recognize the dif- ficulties encountered by the cop on the beat. Consequently. whether the action is maintained under the Civil Rights Act or under a com- mon law doctrine, several defenses are still available to officers in those circumstances. Comment. Sulliva,. Housewright. Fanio-New Interpretation of the 1965 Illi- nois Tort Immunity Act: The Effect of Liability Insurance, 6 John Marshall Journal of Practice and Proccdure 189 (1972). False Arrest 213

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