The federal courts are faced with an ongoing stream of 42 U.S.C. §1983 civil rights complaints asserting Fourth Amendment claims against law enforcement officers. These claims commonly challenge arrests, searches and use of excessive force, and they often generate sharp factual disputes. Because the credibility of plaintiff and officer are so important, the trial judge’s rulings as to permissible impeachment can be a game changer. My purpose here is to focus on recent federal court decisions concerning impeachment by conviction and by “immoral acts” in §1983 police misconduct cases.
Many §1983 plaintiffs who assert claims against law enforcement officers have had prior encounters with law enforcement authorities. “[C]ivil rights actions often pit unsympathetic plaintiffs—criminals, or members of the criminal class, against the guardians of the community’s safety, yet serve an essential deterrent function.”1 Section 1983 defendants frequently attempt to impeach the plaintiff’s credibility with his prior conviction(s) or “immoral conduct.”
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