AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Wrongful Death
A warrant was issued
for the arrest of an alleged parole violator. A member of a Fugitive Apprehension
Unit got a tip abut where the man was, and, in a well-lit parking lot in
front of the building where he went to find the suspect, he observed him
exiting a vehicle. He informed the man that he had a warrant for his arrest
for parole violation. The officer placed his hand on the man's left shoulder,
and when the man started to run away, the officer fired two shots, killing
him. A jury rejected a federal civil rights claim for excessive force,
but awarded $1 million on state law wrongful death clam. A federal appeals
court upheld this result, finding that there was sufficient evidence to
defeat the officer's motion for judgment as a matter of law, and that the
damages award did not require a new trial. The evidence was sufficient
to find that he had acted with reckless indifference to the parolee's rights
and the damages awarded were not excessive. Estate of Snyder v. Julian,
#13-3012, 2015 U.S. App. Lexis 10242 (8th Cir.).
While police acted
properly in stopping a motorist's vehicle for a traffic violation, and
in asking her to exit the vehicle when she could not produce her vehicle
registration or proof of insurance, there were questions of genuine fact
as to whether they acted in an objectively reasonable manner in acting
as though she posed a risk to them or others based on her "argumentative"
behavior, and in conducting a pat-down search, even though they never stated
that they believed that she was armed. During the traffic stop, the motorist
fell, appeared to have a seizure, and died, apparently of a ruptured berry
aneurysm. The court rejected a state law wrongful death claim, since there
was no evidence that anything the officers did caused the bleeding or the
motorist's death. The plaintiff, the motorist's estate, could proceed with
a Fourth Amendment claim arising out of the pat-down search. Pinnock v.
City of New Haven, No. 3:05cv927, 2008 U.S. Dist. Lexis 39008 (D. Conn.).
Minor child of motorist mistakenly shot and
killed by police officers following pursuit, based on incorrect belief
that he was suspect wanted for stealing police pistol, could not intervene
in a wrongful death claim brought under Virginia state law by the personal
representative of the decedent's estate. Personal representative adequately
represented minor's interest as a beneficiary of the estate. A mere difference
of opinion concerning litigation tactics did not show that personal representative's
actions were "inadequate" as would justify a right to intervene
in the case for the minor beneficiary. Jones v. Prince George's County,
Maryland, #02-7104, 348 F.3d 1014 (D.C. Cir. 2003). [N/R]
In lawsuit claiming that police officers
failed to provide adequate medical care to arrestee, resulting in his death,
jury engaged in improper speculation in awarding $3 million to decedent's
children without evidence to support a finding that the economic value
of the loss of his services, advice, and counsel was worth that amount,
and therefore was set aside by trial judge. Separate award of $2.5 million
to decedent's estate for his pain and suffering was not disturbed. Rosario
v. City of Union City Police Department, 263 F. Supp. 2d 874 (D.N.J. 2003).
[N/R]
Federal appeals court rules that the law
of the state of Georgia as to the standing of a parent of an adult child
murdered to pursue wrongful death claims against those who caused the death
is incorporated into federal law under 42 U.S.C. Sec. 1988, and that, pursuant
to the Georgia Supreme Court's answer to the question the appeals court
previously certified to it, the mother of a man murdered by his surviving
spouse could pursue a federal civil rights claim for the death. Carringer
v. Rodgers, #01-15258, 331 F.3d 844 (11th Cir. 2003). [N/R]
Georgia Supreme Court holds that, under state
law, a parent of an adult child murdered by his surviving spouse can pursue
a wrongful death claim against the alleged murderer or against "other
parties" that proximately caused the death, answering a question certified
to it by the U.S. Court of Appeals for the Eleventh Circuit in a case where
the murdered son's mother asserted state wrongful death claims against
the wife, a police chief, and the city. The claims against the city and
police chief were based on the fact that the alleged murderer was a police
captain who had previously attempted suicide. The police chief had ordered
her to remove all weapons from her home, but did not relieve her of her
duties, and she used her service revolver to shoot and kill her husband.
Carringer v. Rodgers, No. SO2Q1483, 578 S.E.2d 841 (Ga. 2003). [N/R]
334:153 Officers were not liable for
excessive force or wrongful death when they shot and killed an intoxicated
man who had previously assaulted his wife; decedent had threatened to "kill"
people and was pointing a gun at one of the officers at the time he was
shot. Lee, Estate of, v. Spokane, No. 18347-5-III, 2 P.3d 979 (Wash. App.
2000)
323:172 Ex-officer not liable for failure
to stop and investigate disabled truck from which female motorist was abducted
and murdered or for later allegedly lying about when he first encountered
the vehicle; link between his alleged misconduct and any loss that motorist's
parents suffered was "too tenuous." Webb v. Haas, 728 A.2d 1261
(Me. 1999).