A bill to enforce the fourteenth article of amendment to the Constitution with respect to certain law enforcement misconduct by providing a substitute remedy for the existing remedy of exclusion of evidence, and for other purposes.

Summary

Prohibits the exclusion of evidence against the accused in a State criminal case where such evidence was obtained by a State officer, employee, or agent in violation of the United States Constitution. Authorizes any person aggrieved by such misconduct to recover damages in a civil action against such officer, employee, or agent. Limits such damages, for an accused convicted of a criminal offense, to actual physical and property damage sustained, but not less than $500. Establishes the same minimum liquidated damages for any other case. Sets a maximum amount of damages at $25,000. Grants State courts exclusive jurisdiction of such actions. Sets a two-year statute of limitations for the commencement of such actions.

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Documents

1 official file

• Introduced in House

  summary · EN · 23 May 1985

  Open at official source

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