Channels, Fall 2017

Channels • 2017 • Volume 2 • Number 1 Page 75 the law, promulgate their rulings as law, and recommend punishments to police boards for verified officer misconduct. 121 This suggestion has the advantage of a firm grounding in already existent boards, so it has some empirical evidence in its favor. It could also be less costly and more specialized than typical jury trials. However, handing the interpretation of law to such boards seems to be an unwarranted and unwise delegation of power. It would also be difficult to curb corruption or bias, and there is no clear way to resolve disparities between review board rulings. This idea also does not fix the issue of constitutional avoidance but rather farms out difficult and unclear legal issues to less qualified individuals. Is it really desirable for these agencies to be “constantly engaged in constitutional-norm generation”? 122 It also leaves the question as to how officers can be expected to keep abreast the scads of law coming from the boards—New York City alone settled 9,570 claims in 2012. 123 This really defeats the idea of officers having fair notice of the law. It is also possible that these review board investigations would have the same negative effect as a lawsuit on police effectiveness. Conclusion The system of § 1983 litigation has seen many changes in the nearly 150 years since its enactment. Throughout this time, it has faced varying challenges, sometimes trading one set of jurisprudential concerns for another. At the current point, this area of law could be improved by increased accountability and standards for the lower courts, as well as a proper priority given to rights articulation and remediation. If used properly, § 1983 litigation serves not only to keep law enforcement in check, but also to “translate constitutional norms into specific rules, thereby achieving the related goals of redressing individual violations and effectuating deeper values.” 124 At the same time, courts need not abandon the principles of notice and fairness that give legitimacy to the idea of qualified immunity. Such a balance is difficult in the face of the various cases that complicate the application of these ideas, but a just and consistent jurisprudence is possible through respecting the boundaries appropriate for each aspect. 121 Meltzer 1280 ff. 122 Ibid., 1294. 123 Ibid., 1293. 124 Kirkpatrick at 672.