AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Bankruptcy: Defenses & Procedural Issues
A plaintiff who
was in the midst of a Chapter 7 bankruptcy proceeding filed a federal civil
rights suit against police officers seeking damages for illegal search.
He failed to amend his bankruptcy filing to include the pending lawsuit
claim as an asset. The officers were accordingly entitled to the dismissal
of the lawsuit, since he had adopted a position in the bankruptcy court
inconsistent with his claim that he was entitled to damages for unlawful
search by failing to list it as one of his assets. Judicial estoppel therefore
barred his claim. Guay v. Burak, #10–2513, 677 F.3d 10 (1st Cir. 2012).
A motorist's lawsuit
claiming that a city police officer used excessive force against him during
a traffic stop should be stayed under 11 U.S.C. Sec. 362, a magistrate
judge recommended, because the city employing the officers filed for bankruptcy
protection, so that any judgment for damages could impact the bankruptcy
estate's property. Additionally, the magistrate recommended denial of the
officers' motion for summary judgment as there were genuine issues of material
fact as to whether an officer used excessive force against the motorist,
handcuffing him, dislocating his finger, kicking him, knocking him to the
ground, jumping on him, and hitting him, after which other officers allegedly
joined in the beating, actions that the officers disputed. Garfield v.
Kenney, No.CIV S-07-0100, 2008 U.S. Dist. Lexis 71791 (E.D. Cal.).
A plaintiff
arrestee who filed a false arrest lawsuit, but failed to notify a bankruptcy
court that he had done so despite pending bankruptcy proceedings, was barred
from asserting his claims arising out of the arrest. The arrestee had taken
inconsistent legal positions by trying to pursue his federal civil rights
claims in court after having denied in his bankruptcy case, that he had
any assets. Davis v. Village of Caseyville, No. 05-CV-0455, 2007 U.S. Dist.
Lexis 11661 (S.D. Ill.).
A couple who asserted, in filing a bankruptcy
proceeding, that they had no assets and no "contingent and unliquidated
claims" of any nature, could not, after this assertion was accepted
as true by the bankruptcy court, subsequently file a federal civil rights
lawsuit less than a month later, asserting claims against a town and its
police chief for an alleged pattern of "egregious conduct," including
harassment, intimidation and threats towards the couple and their family,
and an incident in which the wife was allegedly sexually assaulted by another
officer employed by the town. Their assertion in the bankruptcy proceeding
that they had no unsatisfied claims was inconsistent with their assertion
of federal civil rights claims for conduct that pre-dated the bankruptcy.
Plaintiffs were therefore "judicially estopped" from their assertion
of a contrary position--that they had unsatisfied federal civil rights
claims--in a subsequent proceeding. Howell v. Town of Leyden, No. CIV.A
02-30135-MAP, 335 F. Supp. 2d 248 (D. Mass. 2004).[N/R]
A plaintiff acting as her own attorney claimed
that police officers had improperly beaten her without justification, but
a bankruptcy trustee was substituted for her as the real party in interest
after she filed bankruptcy. She subsequently failed to file answers to
requests for admissions in the case, because she believed that the trustee
had submitted the requested information, but the trustee had not. Summary
judgment was later granted because the unanswered requests were deemed
admissions. The Supreme Court of Alaska held that the plaintiff, now substituted
back in following the withdrawal of the trustee, should be allowed to withdraw
the admissions, reinstating the case. Genaro v. Municipality of Anchorage,
No. S-10681, 76 P.3d 844 (Alaska 2003). [N/R]
Sheriff could not be held liable for "acquiescing"
in deputy's alleged "improper conduct" with female passenger
in his vehicle when he never learned of it until after a lawsuit was filed;
deputy who filed bankruptcy could not be sued for this conduct when plaintiff
took no steps in court to object to the discharge of the claim or to seek
an exception to the discharge. Moor v. Madison County Sheriff's Department,
No. 00-6004, 30 Federal Appendix 417 (6th Cir. 2002). [2002 LR Jun]