AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of
Law Enforcement Agencies & Personnel
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Police Plaintiffs
A number of police officers arrested on charges of public corruption sued the arresting officers and other defendants, claiming that their constitutional rights were violated because the defendants intentionally omitted exonerating information from the probable cause affidavits that secured their arrest warrants. A federal appeals court ruled that even if the omitted information had been included in the affidavits, there would still have been probable cause to believe that each of the plaintiffs had engaged in a scheme to defraud in violation of Florida state law. Therefore, the court held that there was no constitutional error in the plaintiffs’ arrests pursuant to warrants based on those affidavits, and the defendants were entitled to qualified immunity. Paez v. Mulvey, #16-16863, 2019 U.S. App. Lexis 3917, 2019 WL 489048 (11th Cir.).
Given eyewitness accounts of him drinking
and the presence of an open bottle labeled as containing alcohol in a police
officer's personal vehicle when he was stopped, there was probable cause to
administer a breathalyzer test, as a reasonable person would have believed that
he had committed a DUI. He was only charged with driving with an open container
of alcohol when the breathalyzer detected no alcohol, and the open container charge
was dropped when the liquid in the bottle was shown to have no alcohol. A
police deputy superintendent who ordered him prosecuted was entitled to
qualified immunity under the circumstances. Seiser v. City of Chicago,
#13-1985, 2014 U.S. App. Lexis 15473 (7th Cir.).
Police officials did
not violate the Fourth Amendment rights of police officers by searching them
after the residents of a home that they were searching accused him of stealing
$1,750 in cash during the search. A reasonable person in the plaintiffs'
position would not have feared arrest or detention if they had refused the
defendants' request to search them for the money. The fact that one of the
plaintiffs agreed to the search only because he was taking a nonprescription
supplement to clean his colon and therefore had an immediate need to use the
restroom and couldn't do so until he had been searched did not turn what
occurred into a "seizure." Carter v. City of Milwaukee, #13-2187,
(7th Cir.).
Airline and airline security provider did not
breach any duty to protect police officer who worked at airport baggage
terminal when they allegedly failed to physically inspect a passenger's checked
bag containing unlabeled and unreported chemicals which allegedly emitted smoke
which injured officer when he opened bag after it remained unclaimed at baggage
area. Di Benedetto v. Pan Am World Service, Inc., #03-7031, 359 F.3d 627 (2nd
Cir. 2004). [N/R]
Police officer seeking to sue city for failing to
provide him with proper respiratory or protective equipment, causing him to be
injured by exposure to toxic substances in the course of his work related to
the rescue and recovery operations from the September 11, 2001 attack on the
World Trade Center adequately showed a reasonable excuse for his delay in
filing the required notice of claim, and that the city had knowledge of the
essential facts of his claim given the circumstances of destruction stemming
from the attack, the well-publicized allegations of toxic substances in the
smoke and debris, and the similar health claims made by many rescue workers.
O'Halloran v. City of New York, 770 N.Y.S.2d 583 (Supreme Court, N.Y. County,
2003). [N/R]
Police officer's work conditions were
"abnormal" for purpose of a benefits recovery for psychic injury when
credible gang death threats were received by both the officer and his child.
City of Pittsburgh v. Logan, 810 A.2d 1185 (Pa. 2002). [N/R]
Bar owner held liable for $4.5 million to
injuries off-duty officer suffered from attack by patron when he went there to
celebrate his graduation from SWAT team training. Zelaya v. U.S. Euro Micro
Ventures, No. 00-32681(6), Miami-Dade County, Fla., Circuit Court, Feb. 26,
2002, reported in The National Law Journal, p. B4, May 13, 2002. [2002 LR
Aug]
Transit authority could be sued under Federal
Employers' Liability Act (FELA), 45 U.S.C. Sec. 51, for injuries police officer
suffered while providing security for parking lot authority maintained at
railroad station. Greene v. Long Island Railroad Co., No. 00-9292, 280 F.3d 224
(2nd Cir. 2002). [N/R]
347:171 California officer burned by flung hot
fryer oil while breaking up a fight in restaurant kitchen is awarded $1.2
million in damages against restaurant owners. Yamaguchi v. Chaiyut Harnsmut,
No. 305-476, (San Francisco County, Calif., Super. Court), reported in The
National Law Journal, p. B4 (July 30, 2001).
335:172 Motorist's meritless "police
brutality" lawsuit against officer, in which he tried to bribe witnesses
to give fabricated testimony, was deliberately intended to injure the officer;
debt arising from officer's lawsuit against the motorist for "vexatious
litigation" therefore could not be discharged in bankruptcy. Amaranto,
Debtor, In Re, 252 B.R. 595, 2000 Bankr. LEXIS 1029, 2000 WL 1285632, Bankr. L.
Rep. (CCH) P78,268 (Bankr. D. Conn. 2000).
333:133 Georgia notice of claims statute only
applied to claims that married couple arrested after school board meeting had
against the city, not to claims against individual city employees; couple's
counter-claim for alleged abusive litigation was improper in officer's lawsuit
against them for injuries, since it could only be brought after the termination
of the first lawsuit. Jacobs v. Littleton, Nos. A99A2014-A99A2016, 525 S.E.2d
433 (Ga. App. 1999).
279:44 No liability for sheriff's department for
injuries auxiliary deputy suffered when pushed by arrestee who another deputy
in command had not yet handcuffed. Johnson v. Bennett, 658 So.2d 712 (La App.
1995).
278:27 NY high court explains scope of
"firefighter rule" bar to recovery for negligence in suits brought by
police or firefighters in that state; no damages may be recovered when
performance of official duties increased the risk of injury. Zanghi v. Niagara
Frontier Transportation Commission, 85 NY2d 423, 626 N.Y.S.2d 23 (1995).
281:78 Police officer could not sue bar owner for
allegedly continuing to serve liquor to intoxicated man who ran at officer with
machete raised when officer responded to call stating that there was a man at
the bar "playing with a knife"; suit was barred, under Rhode Island
law, by "police officers' rule" defense Smith v. Tully, 665 A.2d 1333
(RI 1995).
284:123 Estate of sheriff's deputy shot and
killed by suspect that deputy was attempting to arrest could sue city and other
officer based on claim that other officer's alleged violations of state law and
police department rules and regulations created additional risks to those
ordinarily faced by an officer arresting a suspect; these claims, unlike
negligence claims, were not barred by fireman's rule under NY law Carlson v.
City of Tonawanda, 635 N.Y.S.2d 365 (A.D. 1995).
287:172 Officer was improperly barred from
testifying as expert witness as to whether sheriff's alleged failure to train
deputies on proper retrieval and use of shotguns stored in locked trunks of
cruisers created unsafe working conditions; summary judgment for defendant
sheriff and county overturned in suit brought by deputy shot by assailant while
attempting to retrieve shotgun from trunk Gentry v. Mangum, 466 S.E.2d 171
(W.Va. 1995). [Cross-References: Procedural: Evidence]
283:107 Police officer, hired by bank to escort
tellers with cash to drive-through booths, shot and killed during robbery;
surviving family receives $15 million settlement in inadequate security lawsuit
Bauer v. Kislak Nat'l Bank, Fla, Dade County Cir. Ct, No 93-18655 CA 01, July
12, 1995, reported in 39 ATLA L Reptr 30 (Feb 1996).
285:141 Police officer injured in fall on stairs
while responding to burglar alarm at high school was properly awarded $20,000
in damages by jury; North Carolina Supreme Court rules that premises owners owe
police officers a duty of reasonable care comparable to that extended to those
on the premises at their invitation Newton v. New Hanover County Board of
Education, 467 S.E.2d 58 (N.C. 1996).
278:28 Eight million dollar settlement in suit
against helicopter engine company by families of two officers who died in
helicopter crash when engine failed Champe v. Turbomeca Engine Corp,
348142300-92, Dist. Ct., Tarrant Co, Texas, June 28, 1995, reported in The
Natl. Law Jour. p. A11 (Aug 14, 1995).
286:155 Nightclub which allegedly allowed minors
to become intoxicated on its premises was not liable for injuries to police
officer called to premises to quell disturbance who was struck by a truck
allegedly driven by intoxicated minors Mann v. Orrell, 912 S.W.2d 1 (Ark 1995).
[Cross-reference: Police Plaintiff: Dram Shop]
281:77 Jury awards $150,000 in damages to undercover
police officers threatened, called racial epithets and allegedly assaulted by
apartment building security guards as they sat in vehicle outside apartment
building to investigate complaints that guards were falsely arresting and
detaining innocent people and planting evidence on them Griffin v. Security
Consultants Armed Express, Inc, No. SVC258107, San Bernardino Superior Court,
Aug 23, 1995, reported in Vol. 108 Los Ang. Daily Jour. (Verd. & Stl.), pgs
4-5, Sept 22, 1995
267:45 Police officer could sue attorney for
defamation for recounting to the press details of complaint filed against
officer alleging excessive use of force; attorney was not entitled to absolute
privilege for restating information contained in public record complaint document,
but only to qualified privilege which is lost if statements are made with
malice Cappello v. Scott, 274 NJ Super 282, 644 A.2d 102 (1994).
270:93 Newspaper and its reporters could not be
held liable to officer for libel for publishing a report that he had been
"suspended" pending the investigation of a shooting incident;
statement was "substantially true," even if "administrative
leave" was the precise designation of the action taken Miller v.
Journal-News, 620 N.Y.S.2d 500 (A.D. 1995).
274:156 NY police officer, allegedly injured
while pursuing arrestee who was attempting to escape custody, may sue arrestee
for damages under state law Baiamonte v. Buongiovanni, 615 N.Y.S.2d 415 (A.D.
1994).
271:106 Nevada Supreme Court rules that fireman's
rule did not bar officer, bit by dog while investigating burglar alarm, from
suing homeowner for negligence in failing to warn of presence of dog; alarm
company, however, had no duty under Nevada law, to warn officer Wiley v. Redd,
885 P.2d 592 (Nev 1994).
274:156 Undercover vice officers could not
recover damages against television station which aired episode with their faces
"unblurred," despite agreement with show's producers that their faces
would be disguised Does I-VI v. KTNY-Channel 13, 863 F.Supp. 1259 (D.Nev 1994).
265:13 Officer standing by his patrol car struck
by vehicle driven by intoxicated motorist which then sped off awarded $695
million in damages against motorist Sullins v. White, 32921 (Dist. Ct., Hardin
Co, Tex.), reported in The Natl. Law Jour., p. A15 (Aug 29, 1994).
NY state statute allowing officers to sue the
state for injuries in the line of duty caused by a person's violation of a
statute or ordinance applied retroactively and was not unconstitutional;
officers injured while attempting to apprehend an escaped mental patient to
recover damages against state Santangelo v. State, 601 N.Y.S.2d 305 (A.D.
1993).
NY police officer could recover negligence
damages against motorist whose vehicle injured him if motorist violated any
traffic law in doing so Malsky v. Towner, 601 N.Y.S.2d 310 (A.D. 1993).
Police officer who was injured when he came to
the assistance of hospital security guard being attacked by mental patient
could not sue security company for his injuries; fireman's rule barred
officer's suit Seibert Security Services, Inc v. Superior Court, 22 Cal.Rptr.2d
514 (A.D. 1993).
Convenience store had a duty to call police for
assistance when off-duty plainclothes officer was being assaulted in its
parking lot by three teenagers; Maryland high court rules that officer's suit
against store was not barred by "fireman's rule" Southland Corp v.
Griffith, 332 Md 704, 633 A.2d 84 (1993). Officer, cleared of allegations of
sexual misconduct after nine month internal investigation, receives $21,000
settlement in suit against complainant for defamation Severance v. Crossman,
Wash, King County Super Ct, No 92-2-19712-0, Dec 1, 1993, reported 37 ATLA L.
Rep.226 (Aug 1994).
Police officer injured while using a battering
ram to break down an apartment door to arrest a suspected drug dealer could not
sue building owner for damages for failure to evict drug dealer in the absence
of proof of owner's knowledge of drug activities there Blickley v. Sena, 603
N.Y.S.2d 309 (A.D. 1993).
Police officer injured in New York while pursuing
suspect into construction site could sue premises owners for damages based on
alleged violations of specific state statutes concerning the condition of the
premises Antico v. Richmond Housing Associates, 602 N.Y.S.2d 179 (A.D. 1993).
NY courts hold that "fireman's rule"
prevents injured officers from suing for damages for accidental shooting by
fellow officers, shooting by off-duty correctional officer that occurred during
street brawl, and being hit by passing vehicle at accident site; court upholds,
however, officer's ability to sue suspect who allegedly assaulted her while she
was trying to impound his vehicle for traffic violations Damiani v. City of
Buffalo, 603 N.Y.S.2d 1006 (A.D. 1993); Clark v. DeJohn, 603 N.Y.S.2d 1008
(A.D. 1993); Phalen v. Kane, 600 N.Y.S.2d 988 (A.D. 1993); Morrisey v. County
of Erie, 603 N.Y.S.2d 1009 (A.D. 1993).
NY high court rules that "fireman's
rule" bars officer's lawsuit against city for injuries suffered while
riding in a police vehicle responding to an emergency call, which collided with
another vehicle, allegedly because of fellow officer's "improper
driving" Cooper v. City of New York, 81 NY 2d 584, 601 N.Y.S.2d 432, 619
N.E.2d 369 (1993).
Missouri court holds that "fireman's
rule" applies to injury claims by police officers in that state, barring
negligence claims against parents of minors who shot at officers (and against
minors), but did not bar a claim for assault and battery Lambert v. Schaefer,
839 SW.2d 27 (Mo App. 1992).
City, which self-insured its police vehicles, was
not required, under Indiana law, to provide uninsured motorist coverage for
police officer injured in collision with motorist whose insurance company was
insolvent City of Gary v. Allstate Ins co, 598 N.E.2d 625 (Ind App. 1993).
Officers injured by assault while removing
intoxicated patrons from hotel awarded $6,500 against patrons; suit was not
barred by "professional rescuer" doctrine and also would not have been
barred by the "fireman's rule" Ballou v. Nelson, 834 P.2d 97 (Wash
App. 1992).
"Fireman's rule" did not, in Maryland,
bar lawsuit by police officer against convenience store clerk for refusal to
summon assistance when officer was assaulted while trying to restore order on
store premises Griffith v. Southland Corporation, 94 Md App. 242, 617 A.2d 598
(1992).
New York appeals court overturns $819,766 award
to officer injured in police vehicle driven by fellow officer; officer's claim
for injuries was barred by "fireman's rule" prohibiting recovery for
injuries caused by negligence during the performance of routine police duties
Cooper v. City of New York, 582 N.Y.S.2d 394 (A.D. 1992).
Settlement of lawsuit against officer was not a
termination "favorable" to him for purposes of his malicious
prosecution lawsuit against the plaintiff Villa v. Cole, 6 Cal.Rptr. 644 (Cal
App. 1992).
"Fireman's rule" did not bar officer's
negligent action against building owner for injuries suffered when building
landing collapsed while officer was in the building in pursuit of a suspect
Ramos v. Doesn't Matter Realty Corp, 579 N.Y.S.2d 541 (Sup 1991).
Police officer engaged in high-speed chase of
speeding motorist had not assumed the risk of injury created by another
motorist's alleged negligence in making a left turn into the path of the
pursued vehicle; suit for injuries resulting when officer veered to avoid
collision was not barred Brown v. Harrington, 575 N.Y.S.2d 622 (A.D. 1990).
Pizza parlor was not liable to off-duty police
officer attacked by several alleged patrons when he attempted to stop one of
them from urinating in public Campbell v. Lorenzo's Pizza Parlor, Inc, 567
N.Y.S.2d 832 (A.D. 1991).
Fireman's rule, barring suits caused by
negligence to officers on premises pursuant to their official duties, did not
bar a lawsuit by an officer claiming intentional abuse aimed at him Wilde v.
Gilland, 473 N.W.2d 718 (Mich App. 1991).
Police officer injured in head-on collision with
pursued car could not sue state police of negligence in beginning and
continuing chase; "fireman's rule" barred his suit for foreseeable
injuries stemming from the performance of his duties McGhee v. State Police
Depaart, 459 N.W.2d 67 (Mich App. 1990).
Deputy injured while breaking up fight at bar
could sue bar owners for damages on the basis of chronic violence at bar, its
policy of ignoring that violence, and its repeated request for police to serve
as its security force; "firefighter's rule" did not bar claim
Adelsperger v. Riverboat, Inc, 573 So.2d 80 (Fla App. 1990).
Fireman's rule did not bar NH police officer's
lawsuit against minor who shot him, and minor's parents Migdal v. Stamp, 564
A.2d 826 (NH 1989).