AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Negligence: Public Protection
Federal appeals court denies recovery
in a wrongful death suit against the KCPD. Child molester killed his victims
after Kansas City (Mo). Police telephoned him they planned to arrest him,
and he should give himself up Court found no "special relationship"
between the police and the victims Taylor v. Phelan, 9 F.3d 882 (10th Cir.
1993). {N/R}
City not liable for "negligent investigation"
of burglary when burglar later returned and raped woman resident; officers'
statements to victim that "these guys never come back" did not
constitute "negligent misrepresentation" MB v. City of San Diego,
284 Cal.Rptr. 555 (Cal App. 1991).
Officers not liable for suspect's injuries
after he reacted to their threat to break down his apartment door by jumping
out the window Carson v. City of Philadelphia, 574 A.2d 1184 (Pa/Cmwlth.
1990).
Federal trial court erred in dismissing,
without allowing amendment, complaint claiming that police officer chief
failed to enforce restraining order against woman's husband because of
his close personal relationship with the man; allegations that he interfered
with other officers' performance of duty might state a claim Freeman v.
Ferguson, 911 F.2d 52 (8th Cir. 1990).
Officers had no special relationship with
family who called them to the scene of a gang fight and no duty to protect
them from gunshots fired from a crowd Yates v. City of Philadelphia, 578
A.2d 609 (Pa/Cmwlth. 1990).
Michigan police chief, sheriff, officers
and deputies were immune from liability for decision not to take man into
custody as a mentally ill person requiring treatment; decision as to custody,
as well as alleged failure to adequately instruct and supervisor officers
were discretionary functions Hoffman v. Warden, 457 N.W.2d 367 (Mich App.
1990).
Police chief attending meeting had no particularized
duty to protect city council members from shooting spree Sankey v. Richenberger,
456 N.W.2d 206 (Iowa, 1990).
Widow of man who died while waiting for arrival
of response to "911" call could not recover for emotional distress
or "outrageous conduct" Hammond v. Central Lane Communications,
792 P.2d 440 (Or App. 1990).
City was not liable for injuries to repeatedly
raped and tortured kidnap victim allegedly caused by delay in rescue by
police Thomas v. City of Philadelphia, 574 A.2d 1205 (Pa/Cmwlth. 1990).
New York's highest court holds rape victim
could not recover damages from city and officer for failing to respond
to witnesses' report of her abduction Kircher v. City of Jamestown, 74
NY 2d 251, 543 N.E.2d 443, 544 N.Y.S.2d 995 (1989).
Failure to detain alleged intoxicated motorist
did not give rise to federal civil rights claim for death of other motorist
in later accident Makris v. City of Grosse Pointe Park, 448 N.W.2d 352
(Mich App. 1989).
Appeals court overturns $75 million award
against U.S. government for park rangers' failure to take intoxicated driver
into custody whose vehicle later struck motorcyclist Crider v. United States,
885 F.2d 294 (5th Cir. 1989).
Woman whose son was born handicapped after
accident could sue over alleged failure of off-duty officer to stop at
disabled truck on highway Lippincott v. State of Arizona, 781 P.2d 1012
(Ariz App. 1989).
Illinois officer and village immune under
state law from liability for injury in accident with vehicle stopped by
officer Trepachko v. Village of Westhaven,m 540 N.E.2d 342 (Ill App. 1989).
Town not liable to motorcyclist injured in
collision with driver with three outstanding arrest warrants Martin v.
Mondie, 381 S.E.2d 481 (N.C. App. 1989).
Transit police officer had no duty to prevent
intoxicated passenger from boarding train ; no liability for his later
death Serrano v. City of New York, 541 N.Y.S.2d 803 (A.D. 1989).
Police officer/department not liable for
death of student stabbed at school event; contract by department to provide
additional security did not impose liability LeRose v. City of Zion Police
Dept, 696 F.Supp. 1222 (N.D.Ill. 1988).
Police had no legal duty to detain person
who asked for transportation to hospital and later murdered youth Ewoldt
v. City of Iowa City, 438 N.W.2d 843 (Iowa App. 1989).
No due process claim for failure to provide
adequate protection against burglaries of businesses Burgos v. Camerno,
708 F.Supp. 25 (D. P.Rico 1989).
Officers' failure to prevent motorist from
driving while intoxicated did not violate his civil rights; no recovery
for his subsequent death in accident Seibring v. Parcell's Inc, 532 N.E.2d
1335 (Ill App. 1988).
Officer had no duty to intervene in beating
of man in parking lot; no duty to render medical assistance Tucker v. Callahan,
867 F.2d 909 (6th Cir. 1989).
City not liable for officer's failure to
take intoxicated motorist into protective custody Williams v. Thompson,
426 N.W.2d 417 (Mich App. 1988).
Father of children murdered by their custodians
while officers attempted to arrest one of them could not sue for wrongful
death Lynch v. N.C. Dept of Justice, 376 S.E.2d 247 (N.C. App. 1989).
City liable for negligent failure to investigate
911 call reporting gunshot from which woman bled to death; jury award of
$104 million excessive Merced v. City of New York, 534 N.Y.S.2d 60 (Supp
1987), (reported in December, 1988). Police officer not liable for decision
regarding manner in which to control fire in building or failure to wake
property owner nearby Frank's Livestock & Poultry Farm, Inc v. City
of Wells, 431 N.W.2d 574 (Minn. App. 1988).
City and officers not liable for failure
to protect witness to assault beaten by friend of arrestee after officers
left Poliny v. Soto, N.E.2d 15 (Ill App. 1988).
No constitutional governmental duty to protect
abused children, absent custody DeShaney v. Winnebago County Dept of Social
Services, 109 S.Ct. 998 (1989).
The State of Illinois owned no duty under
the federal constitution to protect a victim from a man released by mental
hospital; however, Illinois may impose such a duty under its tort law Bowers
v. DeVito, 686 F.2d 616 (7th Cir. 1982).
Abduction victim sues city claiming she was
terrorized after city and newspaper disclosed her identity Hyde v. City
of Columbia, 637 S.W.2d 251 (Mo App. 1982).
Plaintiff assaulted by released inmate cannot
sue state for a constitutional violation for failure to protect Doe v.
South Florida State Hosp, 549 F.Supp. 838 (D.Fla 1982).
$800,000 awarded against county and city
who negligently caused death in providing 911 emergency number and failing
to respond DeLong v. Erie County, 455, N.Y.S.2d 887 (App. Div 1982).
No liability in city's alleged improper response
to 911 emergency number where deaths resulted Trezzi v. City of Detroit,
328 N.W.2d 70 (Mich.App. 1982).
New York City Transit Authority has no duty
to protect injured passenger from object thrown in window Ammirati v. New
York City Transit Authority, 457 N.Y.S.2d 738 (Sup 1983).
No liability to county for allegedly failing
to process involuntary commitment papers of assailant who subsequently
stabbed someone Richards v. Douglas County, 328 N.W.2d 783 (Neb 1983).
Regardless of sovereign immunity, city liable
by contract when it failed to provide promised protection during fireworks
display resulting in injury Monadnock Display Fireworks v. Andover, 445
N.W.2d 1053 (Mass 1983).
City not liable for injury caused by mob
violence Warden v. City of Wichita, 658 P.2d 1043 (Kan 1983).
No liability for beating which occurred at
subway station Marvin v. Chicago Transit Authority, 446 N.W.2d 1183 (Ill
App. 1983).
No liability for shooting that occurred after
police left bar Smith v. City of Kenner, 423 So.2d 1171 (La App. 1983).
Montana statute barring governmental liability
for damages relating to pain and suffering unconstitutional ; state could
be liable for compensatory, but not punitive damages, for emotional suffering
incurred from escaped mental patient
White v. State, 661 P.2d 1272 (Mont 1983).
No liability to public officials for release
of juvenile who rapes and kills 12-year-old girl Larson v. Darnell, 448
N.E.2d 249 (Ill App. 1983).
Sheriff and deputies liable for not responding
to acts of terrorism against black family forced from their home Green
v. Francis, 705 F.2d 846 (6th Cir. 1983).
No liability for officer's alleged failure
to stop assault in his presence Gallogly v. Village of Mohawk, 465 N.Y.S.2d
376 (App. 1983).
City under no obligation to report rape attacks
occurring on public streets Wright v. City of Ozark, 715 F.2d 1513 (11th
Cir. 1983).
County may be liable for failure of police
to respond in a timely manner for assistance Chambers-Castanes v. King
County, 669 P.2d 451 (Wash 1983).
State's failure to act on complaint of child
beating results in $300,000 judgment Mammo v. State, 675 P.2d 1347 (Ariz
App. 1983).
No liability for injuries caused after fireworks
display Ziginow v. Redford Jaycees, 349 NW 153 (Mich.App. 1983).
No liability for assaults at football game
Duffy v. City of Philadelphia, 580 F.Supp. 164 (E.D. Pa 1983).
City, county, and state could be liable for
vehicle's racing on public beach where plaintiffs were struck and injured
even though plaintiffs were also on premises in violation of ordinance
Swaner v. City of Santa Monica, 198 Cal.Rptr. 208 (App. 1984).
Police officer shot by escaped inmates may
recover from state Canster v. State, 675 P.2d 57 (Kan 1984).
U.S. government liable for beatings that
occurred in 1961 on "freedom ride" to South Bergman v. United
States, 579 F.Supp. 911 (WD Mich 1984).
No liability for death of man killed by rioters
Hidgon v. Metropolitan Dade County, 446 So.2d 203 (Fla App. 1984).
No liability to officers at domestic dispute
where father killed his child Rey v. City of Fredericktown, Mo, 729 F.2d
1171 (8th Cir. 1984).
Village owed duty to protect public at rock
concert Comastro v. Village of Rosemont, 461 N.W.2d 616 (Ill App. 1984).
State immune from damages caused by juvenile
who committed rape while on furlough Santangelo v. State, 474 N.Y.S.2d
995 (App. 1984).
No liability for head-on collision caused
by motorist 20minutes earlier given sobriety test Harris By And Through
Masuda v. Smith, 203 Cal.Rptr. 541 (Cal App. 1984).
Providing medical assistance to "wrong"
person not grounds for liability Edwards v. City of Des Moines, 349 N.W.2d
786 (Iowa App. 1984).
No liability for failure to train dispatcher
V Weglarz, Inc v. City of Cohoes, 477 N.Y.S.2d 1005 (App. 1984).
City does not have to allow fire fighters
on strike access to equipment when fire erupted Jackson v. Byrne, 738 F.2d
1443 (7th Cir. 1984).
Dispatcher's failure to investigate anonymous
caller's murder warning could result in liability for subsequent death
Austim v. City of Scottsdale, 684 P.2d 151 (Ariz 1984).
No liability for officer's alleged refusal
to protect Morris v. Musser, 478 A.2d 937 (Pa/Cmwlth. 1984).
Failure to respond to crime call could result
in liability Schear v. Board of County Com'rs, 687 P.2d 728 (NM 1984).
Sheriff not liable for failure to stop burglary
or notify owners of sounding alarms Am Wholesale Jewelers v. Am Druggist
Ins, 457 So.2d 244 (La App. 1984).
State liable for $400,000 for student's tape
Miller v. State, 487 N.Y.S.2d 115 (A.D. 2 Dept 1985).
City not liable for scheduling game in allegedly
racial hostile area where student was shot Williams v. City of Boston,
599 F.Supp. 363 (D.Mass 1984).
Failure to examine decedent after 911 call
grounds for liability to city for death City of Hialeah v. Weatherford,
466 So.2d 1127 (Fla App. 1985).
Duty of undercover officer to intervene is
triggered less quickly than that of police officers Escamilla v. City of
Santa Ana, 606 F.Supp. 928 (CD Ca 1985).
Liability in responding to 911 calls discussed
Galuszynski v. City of Chicago, 475 N.E.2d 960 (Ill App. 1985).
No liability for courtroom attack Rion v.
Town of Ashland, 488 N.Y.S.2d 99 (A.D. 3 Dept 1985).
Employee of independent contractor could
hold city hospital liable for shooting Rodis v. Herman Kiefer Hosp, 370
N.W.2d 18 (Mich.App. 1985).
City may have duty to provide security at
public building Rainey v. Wilmington Parking Authority, 488 A.2d 906 (Del
Super 1984).
$60,000 awarded to citizens injured after
asked to give police assistance Schiaroli v. Village of Ellenville, 490
N.Y.S.2d 43 (A.D. 3 Dept 1985).
Duty to answer emergency call existed City
of Kotzebue v. McLean, 702 P.2d 1309 (Alaska 1985).
Deputies owe no duty to determine that no
burglars remain on premises Von Batsch v. American Dist Telegraph Co, 222
Cal.Rptr. 239 (App. 1985).
No liability in bringing wife to witness
her suicidal husband's standoff with police Allen v. Toten, 218 Cal.Rptr.
725 (App. 1985).
Public carriers have duty to protect passengers
from assaults Lopez v. Southern Cal Rapid Transit Dist, 40 Cal 3d 780 (1986).
City transit could be liable for injuries
caused by random act of unknown person not a passenger Nola v. NY City
Transit Authority, 495 N.Y.S.2d 697 (A.D. 2 Dept 1985).
Neither police officer nor city is responsible
for vigilante's injuries Utsumi v. City of Grand Island, 381 N.W.2d 102
(Neb 1986).
Drunken driver can't blame police for injuries
Hucko v. City of San Diego, 179 Cal App. 3d 520 (App. 1986).
City could be liable for rape Lowers v. City
of Streator, 627 F.Supp. 244 (N.D.Ill. 1985).
No liability for murder after police left
scene Bain v. City of Rochester, 497 N.Y.S.2d 785 (A.D. 4 Dept 1985).
Police chief not liable for husband's shooting
wife and man in bed together Love v. King, 784 F.2d 708 (5th Cir. 1986).
City not liable for rape of security guard
Rowley v. City of Baltimore, 505 A.2d 494 (Md 1986).
Housing authority could be liable for security
guard's "goofing off" instead of performing duties Shore v. Housing
Authority of Harrison, 506 A.2d 16 (NJ Super AD 1986).
Massachusetts Supreme Court finds no duty
to patrol bar, despite notice of illegal activity Appleton v. Town of Hudson,
494 N.E.2d 10 (Mass 1986).
Wyoming Supreme Court says police aren't
liable for accident during pursuit DeWald v. State, 719 P.2d 643 (Wyo 1986).
Maryland appeals court finds no liability
for failure to arrest Ashburn v. Anne Arundel County, 510 A.2d 1078 (Md
1986).
Colorado finds no liability for officers'
riot arresting intoxicated party guest, who ended up driving Leake v. Cain,
720 P.2d 152 (Colo 1986).
State responsible for probationer's injuries
Sterling v. Bloom, No 15875, 5/16/86
Police not the cause of abandoned victim's
death Tillotson v. Undisclosed Ins Co, 486 So.2d 918 (La App. 1986).
Law enforcement officials' false statements
causing plaintiffs to fear for their lives not a constitutional violation
Conner v. Sticher, 801 F.2d 1266 (11th Cir. 1986).
Officials could be liable for giving false
assurances of safety Ashford v. County of Suffolk, 507 N.Y.S.2d 204 (A.D.
2 Dept 1986).
Failure to act on report of spouse abuse
grounds for federal suit Bartalone v. County of Berrien, 643 F.Supp. 574
(WD Mich 1986).
Police owe no duty to stop mugging Simack
v. Risely, 804 F.2d 143 (7th Cir. 1986).
$1,000,000 in punitive damages awarded against
officer for failure to summon medical aide; newspaper articles did not
taint the fairness of the proceedings Battista v. Olson, 516 A.2d 117 (NJ
Super AD 1986).
Deputies not negligent in refusing wife's
request to rescue drugged husband, who subsequently died Conner v. American
Druggists Ins Co, 495 So.2d 990 (La App. 1986).
No duty to protect intoxicated citizen Ivanovich
v. Doe, 499 N.E.2d 806 (Ind App. 1986).
Court finds no liability for returning husband's
gun; no duty to protect wife Baker v. City of Los Angeles, 233 Cal Rptr.
760 (App. 1986).
Deputy has discretion as to where, when,
and under what circumstances an arrest pursuant to a warrant will take
place Mallder v. Rasmussen, 495 N.E.2d 1356 (Ill App. 1986).
Failure to summon medical care for arrestee
following car accident did not amount to "deliberate indifference"
absent noticeable injury; medical decisions are discretionary acts protected
by immunity Hill v. City of Saginaw, 399, N.W.2d 398 (Mich.App. 1986).
released for publication 2/87
Police delay in rescuing victims from massacre
at McDonald's Restaurant did not increase risk of harm; no municipal liability
Lopez v. City of San Diego, 235 Cal.Rptr. 583 (App. 1987).
In a suit against a town for failure to protect
a wife from her husband, the town can file a third party claim against
the husband and the wife's "lover" Zeagler v. Town of Jena, 503
So.2d 1137 (La App. 3 Cir. 1987).
Investigating and responding to 911 call
creates no duty to give protection; no liability for woman's assault after
police left her out of gas Whitcomb v. City and County of Denver, 731 P.2d
749 (Colo App. 1986); Certiorari denied; 1/20/87
Call to dispatcher for help creates no duty
to protect; no liability for dispatcher's abusive conversation with victim
during rape, even though she violated departmental policies Sullivan v.
City of Sacramento, 235 Cal.Rptr. 844 (App. 1987).
Sheriff's leaving deputy alone to protect
woman from boyfriend not grounds for section 1983 liability when she was
shot Thompson v. Lancaster, 652 F.Supp. 703 (M.D. Ga 1987).
Police not liable for failure to protect
wife from husband; repeated calls to police for help creates no duty to
protect, despite existence of restraining order Balisteri v. Pacifica Police
Dept, 656 F.Supp. 423 (N.D.Cal 1987).
Warning public of dangers creates no duty
to protect; jury verdict for spectator's injuries set aside Labriola v.
City of New York, 514 N.Y.S.2d 345 (A.D. 1 Dept 1987).
California department of motor vehicles cannot
claim immunity for issuing driver's license to known user of alcohol who
caused collision Johnson v. Mead, 236 Cal.Rptr. 277 (App. 1987).
Knowledge of special danger to woman shot
by former boyfriend was insufficient to impose liability on officers and
city Dudosh v. City of Allentown, 665 F.Supp. 381 (E.D. Pa 1987).
Estate of man killed by his brother allowed
to file suit; decedent asked by police to help apprehend brother Mohan
v. State of New York, 516 N.Y.S.2d 787 (A.D. 1987).
Deputy sheriff failed to arrest intoxicated
driver who later had fatal accident; no duty of care owed to individuals
who died Patel v. McIntyre, 667 F.Supp. 1131 (D.S.C. 1987).
Deputy Sheriff's negligent failure to inspect
boat ramp for presence of truck after agreeing to do so results in liability
for wrongful death of drowned fisherman Hartley v. Floyd, 512 So.2d 1022
(Fla App. 1987).
Officer guarding prisoner in hospital was
enforcing the law and entitled to immunity from liability for escaped prisoner's
assault on member of public City of Gary v. Cox, 512 N.E.2d 452 (Ind App.
1987).
Officers could be held liable for failing
to provide assistance to intoxicated man who fell on sidewalk Trimper v.
Headapohl, 412 N.W.2d 731 (Mich.App. 1987).
Officer who stopped car but failed to arrest
intoxicated driver was not liable to passengers injured in later accident
Schaffrath v. Village of Buffalo Grove, 513 N.E.2d 1026 (Ill App. 1987).
Officers not liable for injury to bystanders
to shootout with armed suspect Green v. Denison, 738 S.W.2d 861 (Mo 1987).
Police had no "special duty" to
prevent motorist's death from drowning following epileptic seizure Kavanaugh
v. Midwest Club, Inc, 517 N.E.2d 656 (Ill App. 1987).
State law on protection from domestic abuse
did not give police a duty to protect wife from her husband Turner v. City
of North Charleston, 675 F.Supp. 314 (D.S.C. 1987).
Restaurant employee allegedly sexually assaults
customer; officer and city not liable for failure to inform restaurant
of employee's criminal record Hunley v. Phillips, 417 N.W.2d 485 (Mich.App.
1987).
Alabama Supreme Court orders clarification
of whether city was held liable for independent negligence or officers'
actions in not arresting intoxicated driver Luker v. City of Brantley,
520 So.2d 517 (Ala 1987).
Officers not liable for failure to provide
first aid to assault victim; victim was not bleeding and asked to be returned
to motel room Doerner by Price v. City of Asheville, 367 S.E.2d 356 (N.C.
App. 1988).
Court finds no "right to be arrested"
for intoxication; failure to take driver into custody did not lead to liability
Ferguson v. City of Doraville, 367 S.E.2d 551 (Ga.App. 1988).
Law enforcement officials were not liable
for failure to execute arrest warrant on mentally disturbed woman who assaulted
plaintiff Bradford v. Metropolitan Dade County, 522 So.2d 96 (Fla App.
1988).
No liability for mere decision not to send
police units to request for help outside village's jurisdiction even when
attempted rape was within 300 yards of police station Sawicki v. Village
of Ottawa Hills, 525 N.E.2d 468 (Ohio, 1988).
Officers had no duty to control potentially
dangerous actions of intoxicated motorist; no liability to occupants of
vehicle for not arresting driver Phillips v. City of Billings, 758 P.2d
772 (Mont 1988).
Rape victim could not recover damages from
city and officer for failing to respond to witnesses' report of her abduction
Kircher v. City of Jamestown, 531 N.Y.S.2d 152 (A.D. 1988).
" Also see: Public
Protection; see also: Firearms Related: Regulations,
Governmental Liability: State Government