AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Off Duty/Color of Law: Moonlighting
Monthly Law Journal Article: Civil
Liability for Acts of Off-Duty Officers -- Part One, 2007 (9) AELE
Mo. L.J. 101.
Monthly Law Journal Article: Civil
Liability for Acts of Off-Duty Officers -- Part Two, 2007 (10) AELE
Mo. L.J. 101.
A bus-station patron
claimed that a police officer, without justification, compelled him to
leave a bus station where he was eating. The plaintiff failed to state
a federal civil rights claim against the District of Columbia, which employed
the officer. At the time of the incident, it appeared, the officer did
not act pursuant to any District policy or custom, but rather was working
for a bus company while off-duty. Lewis v. D.C., Civil Action #08-1314,
2009 U.S. Dist. Lexis 72263 (D.D.C.).
Union adequately
alleged that off-duty police officers serving as security guards outside
facility where its members were picketing in support of strike acted under
color of law. City was also providing on-duty police officers at the site,
and union claimed that city, employer, private security firm, and on- and
off-duty officers conspired to intimidate union members and unlawfully
arrest and harass them. Memphis American Postal, AFL-CIO v. Memphis, #02-5694,
361 F.3d 898 (6th Cir. 2004). [2004 LR Aug]
347:169 Off-duty sheriff's deputy
working as a department store security guard did not act under color of
state law in a federal civil rights suit for stopping and searching a customer
suspected of shoplifting, despite being in uniform and wearing his badge
and gun. Chapman v. Higbee Company, No. 99-3970, 256 F.3d 416 (6th Cir.
2001).
345:138 Deputy working off-duty as store
security guard was acting as a law enforcement officer rather than a store
employee when he arrested a customer outside the store for allegedly disturbing
the peace; store was not liable for deputy's actions, and deputy was entitled
to official immunity from customer's false arrest/malicious prosecution
claims under Texas law. Larkin v. Johnson, No. 14-98- 00789-CV, 44 S.W.2d
188 (Tex. App. 2001).
317:76 Off-duty police officers, not in uniform,
and working as security guards at private party without departmental knowledge
or permission, did not act as peace officers when the allegedly kicked
and shot man, rendering him paraplegic. Jury award of $8.7 million to man
and $1.5 million to his wife could not be imposed on city. Melendez v.
City of Los Angeles, 63 Cal. App. 4th 1, 73 Cal. Rptr. 469 (1998), review
denied, 1998 Cal. Lexis 4213.
315:45 Off-duty police officer working as
mall security guard acted "under color of state law" in shooting
and killing escaping shoplifting suspect who drove towards her in his car;
use of deadly force was objectively reasonable when she had reason to fear
for her life. Abraham v. Raso, 15 F.Supp. 2d 433 (D.N.J. 1998).
322:156 City's alleged policy of allowing
off-duty officers not to attend the trials of those they arrest while moonlighting
as private security stated claim for an unconstitutional policy. Sturm
v. Ross, 11 F.Supp. 2d 942 (S.D. Tex. 1998).
309:137 Nightclub not liable for actions
taken by off- duty police officers allegedly utilized as security; officers
acted in their capacity as police in taking actions against patrons. Lande
v. Menage Limited Partnership, 702 A.2d 1259 (D.C.App. 1997).
285:138 City liable for $102 million to restaurant
patron shot in the back by off-duty police officer acting as security for
canceled Halloween party scheduled there Melendez v. City of Los Angeles,
No BC038583, LA Superior Central Ct, March 20, 1996, reported in LA Daily
Journal (Verd. & Stl.), Vol 109, #82, p. 2, April 26, 1996.
285:133 County and sheriff's deputies were
not entitled to governmental immunity, under Michigan law, on false arrest
and malicious prosecution claims brought by concertgoers arrested by deputies
serving as crowd control at private music theater; deputies, supplied to
the theater by the county pursuant to contract, were essentially acting
as private security guards, rather than carrying out a law enforcement
function Pardon v. Finkel, 540 NW2d 774 (Mich App. 1995).
275:172 Briefly Noted: Illinois appeals court
decision on employer's vicarious liability for employee's negligence while
driving vehicle with company name painted on has implications for liability
for allowing off-duty officers to "moonlight" in uniform Fulton
v. Terra Cotta Truck Service Inc, 266 Ill 3d 609, 639 N.E.2d 1380 (1994).
271:106 Louisiana municipality could not
be held liable for alleged assault on nightclub employee by off-duty officer
in uniform while acting as private security for nightclub Luccia v. Cummings,
646 So.2d 1142 (La App. 1994).
272:120 Federal appeals court rules that
off-duty officer, working in uniform as private security guard in fast
food restaurant, may have acted "under color of state law" in
placing restaurant patron under arrest; federal civil rights claims against
officer and city reinstated Pickrel v. City of Springfield, 45 F.3d 1115
(7th Cir. 1995).
Alabama city liable for $16 million for death
of minor assaulted outside bar where off-duty police officer was working
as security guard; Alabama Supreme Court rules that off-duty police officer
was still acting as an agent of the city when he failed to intervene to
prevent the assault on the youth City of Birmingham v. Benson, 631 So.2d
902 (Ala 1993).
City can not be liable under respondeat superior
for beating allegedly committed by off-duty assault on bar patron; fact
that officer was subject to discipline for incident did not vary result
Barton v. Gulf States Entertainment, 655 F.Supp. 782 (M.D. La 1987).
Working as security guard resulted in officer's
dismissal Martin v. Matthys, 501 N.E.2d 286 (Ill App. 1986).
Widow of off-duty officer working as security
guard awarded $125 million over inadequate security measures; "fireman's
rule" no bar to suit Pucalik v. Holiday Inns, Inc, 777 F.2d 359 (7th
Cir. 1985).
Pay for off-duty officers providing security
at city events to be decided by arbitrator City of Rochester v. Rochester
Police, 482 N.Y.S.2d 167 (A.D. 4 Dept 1984).