AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Damages: Statutory Cap
In an arrestee's
lawsuit claiming that an officer used excessive force against him during
the arrest, the jury rejected the federal civil rights claim, while awarding
the plaintiff $125,000 on an assertion that the officer was negligent under
Maine state law in the use of force against him. The trial court reduced
the award to $10,000, since a state statute limits the personal liability
of a government employee to that amount as a maximum recovery. On appeal,
the plaintiff argued that the statutory limitation did not apply because
the officer was covered by an insurance policy, resulting in the possibility
of higher liability awards (of either $400,000 or the policy limit) for
claims "against a governmental entity or an employee" under the
statute. The federal appeals court certified to the Maine Supreme Court
an unresolved issue of state law as to whether the higher liability limit
only applied to claims against government employees in their official capacity,
as opposed to those against them in their individual capacities. The Maine
court must also rule on how to interpret a possible ambiguity in the insurance
policy's coverage. Fortin v. Titcomb, #10-2370, 2012 U.S. App. Lexis 1422
(1st Cir.).
Liability for motorist's death in collision
with police vehicle was limited, under Pennsylvania law, to statutory cap
of $500,000 despite municipality's purchase of $1 million in liability
insurance Mench v. Lower Saucon Twp, 632 A.2d 1011 (Pa/Cmwlth. 1993).