AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of
Law Enforcement Agencies & Personnel
Defenses: Jurisdiction
Plaintiffs
filed a lawsuit in Nevada claiming that a Georgia police officer who searched
them at a Georgia airport while working as a deputized DEA agent had seized
a large quantity of cash from them. After they returned to their Nevada
residence, he allegedly drafted a false probable cause affidavit in support
of the forfeiture of the funds. No forfeiture action was ultimately taken.
The U.S. Supreme Court ruled that the Nevada federal trial court could
not exercise personal jurisdiction over the Georgia police officer, because
he lacked "minimal contacts" with Nevada. Walden v. Fiore, #12-574,
188 L. Ed. 2d 12, 2014 U.S. Lexis 1635.
Federal court did
not have jurisdiction over lawsuit by car theft victim claiming that his
vehicle was stolen by a theft ring operated by employees of the D.C. police
department and that fraud was committed against him by the employees allegedly
not entering his car's vehicle identification number into a stolen vehicle
database. These claims, filed in federal court on the basis of diversity
jurisdiction, require a showing that the amount at issue exceeds $75,000,
but the value of the plaintiff's car was only $500, and an award of punitive
damages of over $69,500 would be constitutionally excessive, making it
clear that the amount at issue in the lawsuit was far less than the required
amount. Hunter v. District of Columbia, No. CIV.A. 04-0303, 384 F. Supp.
2d 257 (D.D.C. 2005). [N/R]
Father could pursue federal civil rights
lawsuit seeking damages for city's alleged failure to notify him of a hearing
at which his parental rights were terminated. Claim was not barred by "domestic
relations" exception to federal court jurisdiction, since he was not
seeking the restoration of his parental rights or any other domestic relations
award. King v. Commissioner and New York City Police Department, No. 00-9234,
60 Fed. Appx. 873 (2nd Cir. 2003). [N/R]
Virginia prison warden could not pursue,
in Virginia federal court, defamation claims against Connecticut newspapers
for publishing articles, also posted on their Internet sites, concerning
Connecticut state policy of housing some prisoners in Virginia correctional
facilities. No personal jurisdiction over defendants solely on the basis
of the posting of the articles on the Internet when there was no intention
to reach Virginia readers. Young v. New Haven Advocate, No. 01-2340, 315
F.3d 256 (4th Cir. 2002). [N/R]
{N/R} Indian tribal court did not have jurisdiction
over lawsuit brought against deputy, who was a nonmember of the tribe,
for alleged misconduct on reservation property. County of Lewis v. Allen,
#94-35979, 141 F.3d 1385 (9th Cir. 1998).