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Law Enforcement and Corrections

Faculty Articles

2000

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Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles Oct 2000

Reinventing Structural Reform Litigation: Deputizing Private Citizens In The Enforcement Of Civil Rights, Myriam E. Gilles

Faculty Articles

The aim of this Article is to explore the possibility of constructing a model that harnesses the power of private citizens to reform unconstitutional practices, particularly in the critical area of police-related rights violations. I seek here to reintegrate private citizens into the enforcement of public laws; to tap the private experiential and financial resources that were a necessary condition of the great structural reform efforts of the civil rights movement of the 1950s and 1960s.

The vehicle by which I propose to accomplish these ends is a simple, yet novel, amendment to 42 U.S.C. § 14141, the statute which …