City of St. Louis Board of Police Commissioners, and city police officers, sued for actions they took in their official capacities, were entitled to coverage under a Missouri State Legal Expense Fund for the cost of defending against the lawsuits, and for any judgments against them. Smith v. State of Missouri, No. SC 86050, 152 S.W.3d 275 (Mo. en banc 2005). [N/R]
     A determination by a county attorney that a police officer was not entitled to a legal defense by the county in a lawsuit brought by his neighbor was not arbitrary and capricious. Officer did not act within the scope of his employment but rather in the capacity of a private property owner, in allegedly interfering with the neighbor's use of his adjoining property. Salino v. Cimino, 802 N.E.2d 1100 (N.Y. 2003). [N/R]
     317:71 N.Y.C. corporation counsel could make an independent determination of whether a police officer violated departmental rules and was therefore not entitled to a legal defense from the city in a civil lawsuit; officer's request for indemnification, furthermore, was premature before a judgment or settlement was reached in the case. Bolusi v. City of New York, 671 N.Y.S.2d 478 (A.D. 1998).
     282:86 Granting of motion by city's corporation counsel to withdraw as legal representative of officers in federal civil rights lawsuit was not immediately appealable; city would have no duty to defend officers if they violated city departmental rules, and city could be ordered, on later appeal from any final judgment, to pay their attorneys' fees if it turned out that city did have a duty to defend them Schwartz v. City of New York, 57 F.3d 236 (2nd Cir. 1995).
     275:166 California appeals court rules that city did not have a duty, under state law, to provide legal defense for officer accused by informant of committing sexual battery on her at his residence while on vacation; alleged sexual acts did not occur within the scope of officer's employment San Diego Police Officers Association v. City of San Diego, 29 Cal.App.4th 1736, 35 Cal.Rptr.2d 253 (1994).
     California county had no duty to provide individual sheriff's deputies with independent counsel in civil rights lawsuits against deputies and county Laws v. County of San Diego, 267 Cal.Rptr. 921 (Cal App. 1990).