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How to Avoid Litigation Arising Out of “Rush to Judgment” Situations  


Author:  Ralph Gerstein.; Lois Gerstein .


Source: Volume 12, Number 01, Fall 2010 , pp.3-6(4)




Campus Safety & Student Development

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Abstract: 

University administrators and security personnel, and police officers, have to effect arrests or institute disciplinary proceedings in order to deal with actions constituting a danger to the health, safety, or property of students, teachers, or other members of the university community. Unfortunately, they often have to make decisions based on conflicting versions of the incidents in question. If a student or faculty member who is subject to arrest or to school disciplinary action is later exonerated, suits for false arrest, malicious prosecution, or civil rights violations may arise. This article explains the elements of the claims, reviews some illustrative cases, and furnishes suggestions for reducing the risk of litigation.

Keywords: Buckner v. Williamson; Cady v. South Suburban College; Haggerty v. Texas Southern University; Johnson v. City of New York;

Affiliations:  1: Co-Editor; 2: Co-Editor.

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