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


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Other Misconduct: Conspiracy

     City marshal who "accompanied" a fired worker off the premises of a private company owned by the city mayor did not act under color of law in doing so. Joint activities of mayor and marshal did not constitute a "conspiracy" sufficient to support federal civil rights liability. Marshal's mere presence did not violate fired employee's rights and he did not use force or take employee into custody, but rather merely "stood by" in case a disturbance developed. Staudinger v. Hoelscher, Inc., 166 F. Supp. 2d 1335 (D. Kan. 2001). [N/R]
    341:74 Officers could not be liable for conspiracy to violate arrestee's rights when no evidence showed that they "formed an agreement to purposely violate" his rights. Parker v. Grand Hyatt Hotel, No. CIV.A.98-2453 (RMU), 124 F. Supp. 2d 79 (D.D.C. 2000).
     No evidence that sheriff, police chief and church leader conspired together against night club that presented all-male strip show Gators of Tifton, Inc v. Stokes, 368 S.E.2d 834 (Ga.App. 1988).
     Law enforcement officials not liable for alleged conspiracy to obstruct justice by not prosecuting those responsible for arson of tavern Settler v. Johnson, 857 F.2d 224 (4th Cir. 1988).
     Deputies, who committed burglaries then framed plaintiff, not entitled to indemnification Hibma v. Odegard, 576 F.Supp. 1549 (WD Wis 1984).
     Jury finds officers guilty of assaulting bicyclist and conspiring to cover it up Stone v. City of Chicago, 738 F.2d 896 (7th Cir. 1984).
     Over $1 million awarded to survivors of a 1958 shooting victim Bell v. City of Milwaukee, 746 F.2d 1205 (7th Cir. 1984).
     Acting chief of police liable for destroying mug shot requested by plaintiff's attorney Zmija v. Baron, 326 N.W.2d 908 (Mich.App. 1982).

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