A Continued Quest for an Effective Remedy for Police Misconduct

NEW CASES, NEW CHALLENGES: STUDENT COMMENTS Editor's Note. Even as wepause to assess theprospects and role of the black lawyer, it is important to remember that the struggle goes on. Black lawyers across the country are called upon to initiate and to respond to litigation hav- ingpotential ram!ficationsfar beyond the boundaries of theparticular dispute. Notwithstanding the need to involve other disciplines and to invoke other fo- rums, judicial decrees emanating from litigation will continue to impact upon the rights, interests and common fate of black people. Consequentl, the Board ispleased to offer three student comments ocusing on ongoing cases of potential signocance to the black community. The student commentators deal with new twists on familiar problems. Stephanie Franklin's comment takes yet another look at the continuing search for ways to protect against misconduct and brutality bypolice who are charged with upholding the law. Nancy Love explores an innovative defense to the reverse discrimination allegation which has spawned a whole new genre of litigation Charles Johnson wrestles with the dfflcult task of assuring implementation of even limited political concessions. Stephanie L. Franklin received her A.B. from Vassar College in 1979, and will receive her J.D. from the University of Pennsylvania Law School in Charles H. Johnson, Jr. received his B.A. from the University of Mary- land-College Park in 1978 and will receive his M.A. from the University of Pennsylvania's Wharton School of Business and Commerce in 1982 and his J.D. from the University of Pennsylvania Law School in 1982. Nancy Love received her B.A. from Mount Holyoke College in 1975 and in 1981 she will receive her J.D. from the University of Pennsylvania Law School. UNITED STA TES v. CITY OF PHILADELPHIA: A CONTINUED QUEST FOR AN EFFECTIVE REMEDY FOR POLICE MISCONDUCT I. INTRODUCTION United States v. City of PhiladelphiaI presents the first real legal attack on institutionalized police misconduct.' In this unprecedented civil action, 1. United States v. City of Philadelphia, 482 F. Supp. 1248 (E.D. Pa. 1979). 2. Police misconduct refers to all police behavior allegedly violating the constitutional rights of citizens. See Suing the Police in Federal Court, 88 YALE L.J. 781 (1979). Cases of improper or unnecessary use of force may be determined by the following standards: 1) If a citizen is physi- cally assaulted by a police officer without an arrest (proper use of force requires an arrest); 2) If the arrestee did not verbally or physically resist the policeman (force should only be used if necessary to the arrest); 3) If the force was used to counter resistance to the arrest when the arrestee could easily have been restrained in other ways; 4) If force used in the presence of other policemen who could have assisted in subduing the arrestee, such as in the station, in the lock-up, and in the