AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Defenses: Bifurcation of Claims
A mother sued a
city and three city police officers for causing the death of her schizophrenic
and previously suicidal son after she summoned them to her home with a
911 call. The son was then barricaded in his bedroom, refusing to leave.
The officers forced opened the bedroom door and fired Tasers at him, and
he was pronounced dead the next day. The plaintiff claimed that inadequate
training by the city in training officers to deal with mentally ill people
caused his death. The city sought to bifurcate the plaintiff's claims,
with the claims against the officers being tried first, for the purpose
of avoiding the burden of discovery. The court ruled that, since the mother's
claim was a very specific one of inadequate training on dealing with mentally
ill persons, discovery on that issue would not constitute a "significant
burden" on the city, so the city's motion for bifurcation, combined
with a stay of discovery, was denied. Wilson v. City of Chicago, No. 07C-1682,
2008 U.S. Dist. Lexis 60658 (N.D. Ill.).
Trial court did
not abuse its discretion in bifurcating the trial of state law claims from
federal civil rights claims. Landsman v. Village of Hancock, 745 N.Y.S.2d
258 (A.D. 2002). [N/R]
322:147 Jury properly
awarded $1 in nominal damages and $20,000 in punitive damages (later reduced
to $15,000) against officer who allegedly used excessive force against
arrestee during booking process; trial court improperly dismissed claims
against city following trial of claims against individual officers, since
plaintiff could pursue city's liability even if he was barred from receiving
anything more than $1 in damages against municipality. Amato v. City of
Saratoga Springs, N.Y., #97-9623, 170 F.3d 311 (2nd Cir. 1999).
310:148 Trial court erred in bifurcating
trial on liability in excessive force lawsuit from trial on damages and
in excluding, from liability phase, evidence on severity of plaintiff's
alleged injuries; severity of plaintiff's injuries was relevant in determining
whether excessive force was used at all. Martin v. Heideman, 106 F.3d 1308
(6th Cir. 1997).
311:165 Separate trials were required in
claims against officers and city when evidence of officers' alleged past
misconduct would be admissible to prove claims against city, but inadmissible
in claims against officers. Daniels v. Loizzo, 178 F.R.D. 46 (S.D.N.Y.
1998).
280:53 Plaintiff's claims against police
officer and against county should be tried separately when evidence of
county's customs and policies, including past alleged incidents of police
misconduct, would be prejudicial to officer's defense Dawson v. Prince
George's County, 896 F.Supp. 537 (D.Md 1995). [Cross-references: Administrative
Liability: Training, Supervision; Dogs]
{N/R} Because of parties' agreement to bifurcate
trial of claims against individual officers and city, the trial court properly
refused to allow the plaintiff, during the trial of claims against the
officers, to try to present evidence of other alleged incidents of police
misconduct Watkins v. Schriver, 52 F.3d 769 (8th Cir. 1995).
Court orders separate trials of civil rights
claims against individual officers and claims against municipal entities,
since vindication of individuals might make trial of claims against city
unnecessary; individual offices were entitled to separate representation
from that provided to the city Ricciuti v. NY City Transit Authority, 796
F.Supp. 84 (S.D.N.Y. 1992).