AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of
Law Enforcement Agencies & Personnel
Cost Recovery: Law Enforcement
An intermediate
California appeals court held that a state statute concerning the recovery,
by a municipality, of the cost of furnishing a police officer in response
to a subpoena authorized the imposition of such costs on either the attorney
or his client. The decision occurred in the context of an officer subpoenaed
to testify at an administrative hearing. Maddox v. City of Costa Mesa,
#G043297, 2011 Cal. App. Lexis 339 (Cal. App.).
California Highway
Patrol could recover, from an allegedly intoxicated motorist causing an
accident requiring an emergency response, the costs of that response, including
a portion of the officers' salaries. The time covered also includes time
spent on activities such as preparing reports or transporting victims or
the impaired motorist from the scene, as well as various "in custody"
activities, such as the arrest itself. California Highway Patrol v. Superior
Court, No. A109209, 2006 Cal. App. Lexis 3 (Cal. App. 1st Dist.). [2006
LR Mar]