AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability
of Law Enforcement Agencies & Personnel


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Negligence: Arrestees

           Deputy, sheriff and county liable for $160,000 for negligently caused injuries to arrestee; Louisiana court rules that defendants were liable for this amount even if incident during arrest merely aggravated pre-existing condition in wrist Broussard v. Dominigue, 619 So.2d 143 (La App. 1993).
     Arrestee who fell while being escorted to police headquarters awarded $33,500 for resulting injuries; court finds that arrestee would not have fallen, but for officers' negligence Sheehan v. US, 822 F.Supp. 13 (DDC 1993).
     Officers not liable for injuries arrestee sustained from second arrestee inside patrol car Garrison v. City Berwick, 417 So.2d 48 (La App. 1982).
     Sheriff could be liable for not warning family of husband's release from jail, and he subsequently committed suicide; liability may also result from sheriff's failure to summon medical care of prisoner known to be in immediate need Johnson v. County of Los Angeles, 191 Cal.Rptr. 704 (App. 1983).
     No liability for prisoner's suicide in cell; no inmate right to telephone call during booking process State Bank of St Charles v. Camic, 712 F.2d 1140 (7th Cir. 1983).
     Possible liability to county for negligent issuance of arrest warrant Ortiz v. Co of Hampden, 449 N.E.2d 1227 (Mass App. 1983).
     Officer liable for failing to intervene when other officers beat arrestee Webb v. Hiykell, 713 F.2d 405 (8th Cir. 1983).
     No liability for officers' failure to handcuff arrestee helping them search house for stolen items Langford v. City of Leesville, 442 So.2d 1375 (La App. 1983).
     Punitive damages awarded against officer for his assuming man was drunk when arrested Thompson v. City of Portland, 620 F.Supp. 482 (DC Me 1985).
     No liability in releasing intoxicated man possessing shotgun Clemets v. Heston, 485 N.E.2d 287 (Ohio App. 1985).
     Policy of inadequate staffing results in municipal liability for detainee's death from drug overdose Anderson v. City of Atlanta, 778 F.2d 678 (11th Cir. 1985).
     "Stretch" position on unruly arrestees upheld, despite death from asphyxiation Owens v. City of Atlanta, 780 F.2d 1564 (11th Cir. 1986).
     Court allows federal claim to proceed for officer's forcing arrestee to walk barefoot in snow Robinson v. City of Mount Vernon, 654 F.Supp. 170 (S.D.N.Y. 1987).
     Paramedics' failure to discover arrestees injuries does not insulate police from liability for deliberate indifference to medical needs; court found police ignored arrestees complaints of injury Cooper v. Dyke, 814 F.2d 941 (4th Cir. 1987).
     Placing intoxicated arrestee in regular cell not a constitutional violation; no liability under federal law for suicide Smith v. City of Westland, 404 N.W.2d 214 (Mich.App. 1986).
     Police officers had "special relationship" with individual taken into custody, requiring that they protect him against assault by third parties, but no negligence shown Sanders v. City of Belle Glade, 510 So.2d 962 (Fla App. 1987).
     Failure to secure arrestees apartment against loss of property was mere negligence insufficient to support civil rights lawsuit Slaughter v. Anderson, 673 F.Supp. 929 (N.D.Ill. 1987).
     City and officers not liable for killing of suspect in custody by mother of child rape victim Rush v. City of Chicago, 517 N.E.2d 17 (Ill App. 1987).
     Arresting officer not liable for death of arrestee from drug overdose; statute protecting "handicapped" individuals not applicable Lively v. Trust, 361 S.E.2d, 516 (Ga App. 1987).
     Arrestee who removed her handcuffs and jumped from moving police vehicle could not recover for negligence Gibbs v. Dept of Public Safety, 524 So.2d 817 (La App. 1988).
     " See also: Governmental Liability: Policy/Custom


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