AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of
Law Enforcement Agencies & Personnel
Defenses: Eleventh Amendment
Detectives who were monitoring
calls from a call center as part of an investigation of drug trafficking
believed that a woman they knew was the voice making calls directing customers
to drug distribution houses and obtained an arrest warrant for her based
on this and an allegation that she had been seen at the houses. All charges
against her were later dismissed after it was concluded by prosecutors
that the wrong person had been arrested. Municipal liability claims were
properly rejected as the plaintiff stated no basis for them other than
the mere employment of the detective who obtained the warrant. Claims against
the state and its employees in their official capacity were barred as they
were not "persons" for purposes of a federal civil rights lawsuit.
After the plaintiff abandoned her federal claims against the detective,
remaining state law claims including false arrest and imprisonment were
properly remanded to state court. Ball v. City of Indianapolis, 13-1901,
2014 U.S. App. Lexis 14234 (7th Cir.).
The Arkansas State
Police were entitled to Eleventh Amendment sovereign immunity on claims
arising out of a state trooper's alleged use of excessive force in striking
a motorist with a metal flashlight while arresting him following a high-speed
pursuit. The individual trooper, however, was not entitled to qualified
immunity on the excessive force claim. The plaintiff claimed that he was
hit with the flashlight after he was already on the ground and complying
with the trooper's orders, and the use of force took place outside the
view of the trooper's dash camera. The factual discrepancies between the
trooper's and motorist's versions of the incident had to be resolved by
a jury. Coker v. Arkansas State Police, #12-3601, 2013 U.S. App. Lexis
22420 (8th Cir.).
A Michigan Assistant Attorney General
and two state special agents were entitled to Eleventh Amendment immunity
on federal civil rights claims arising from their six-hour search of a
man's business pursuant to a search warrant, during which time they found
evidence that he had the financial ability to meet his child support obligations.
This resulted in him subsequently pleading guilty to four felony charges
for failing to pay child support to four women who had his children. Claims
against the defendants in their official capacities were claims against
the state barred by the Eleventh Amendment. Additionally, the Assistant
Attorney General was entitled to absolute prosecutorial immunity on individual
capacity claims, as authorizing the issuance of a search warrant in the
course of a criminal investigation and prosecuting felony refusal to pay
child support was part of her prosecutorial duties. Streater v. Cox, #08-1631,
2009 U.S. App. Lexis 10597 (Unpub. 6th Cir.).
Simply confiscating
the cell phone from a hearing impaired arrestee during his brief 24-hour
detention did not constitute disability discrimination by the county. The
plaintiff failed to show that he was denied services or reasonable accommodation
on the basis of his disability. The county sheriff, as an arm of the state
under Georgia law, was entitled to Eleventh Amendment immunity on Americans
With Disabilities Act (ADA) claims, while no ADA claims were possible against
individual officers, since the ADA only prohibits disability discrimination
by a public entity. Rylee v. Chapman, #08-15036, 2009 U.S. App. Lexis 5056
(Unpub. 11th Cir.).
A homeowner who claimed that state police,
acted improperly, surrounded his house while his wife and dogs were inside,
and repeatedly shot into the home could not pursue federal civil rights
claims against the State of Maine or the state police because of their
Eleventh Amendment immunity. Palm v. State of Maine, Civil No. 07-102,
2008 U.S. Dist. Lexis 4975 (D. Maine).
There were genuine issues of fact as to whether
a police officer's use of a taser twice against an arrestee was reasonable,
when the arrestee claimed that he was not resisting and laying on the hood
of a police car at the time. Additionally, prior to the officer's second
use of the taser, a state trooper on the scene allegedly urged the officer,
"Don't do it." Money damage claims against the State of Delaware
and the state trooper in his official capacity were barred by the Eleventh
Amendment. Yarnall v. Mendez, No. 05-527, 2007 U.S. Dist. Lexis 66639 (D.
Del.).
In a civil rights lawsuit brought by an arrestee
who was involuntarily committed to a mental hospital, a city Board of Police
Commissioners was not entitled to Eleventh Amendment immunity because it
was a local governmental entity and not an arm of the State of Missouri.
Thomas v. St. Louis Board of Police Commissioners, No. 05-2655, 447 Fed.
3rd 1082 (8th Cir. 2006). [N/R]
Puerto Rico Police Department and its officers,
sued in their official capacity, were entitled to Eleventh Amendment immunity
as the equivalent of a state in a federal civil rights lawsuit brought
by individuals who claimed that they were assaulted by officers assigned
to their neighborhood because of drug activity there. Nieves Cruz v. Commonwealth
of Puerto Rico, No. CIV. 05-1064, 425 F. Supp. 2d 188 (D. Puerto Rico 2006).
[N/R]
Eleventh Amendment immunity did not apply
to the St. Louis Board of Police Commissioners in lawsuit over allegedly
false arrest because it is not an arm of the state of Missouri, even though
the Commissioners are appointed by the Governor. Federal appeals court
expresses some doubt about this, but finds that it was bound by prior precedent,
specifically the U.S. Supreme Court's analysis in Auer v. Robbins, #95-897,
519 U.S. 452 (1997). Thomas v. St. Louis Bd. of Police Comm'rs, No. 05-2655,
2006 U.S. App. Lexis 12159 (8th Cir.). [N/R]
Female motorist's allegation that
a state patrol officer, during a routine traffic stop, touched her outside
of her pants near the vaginal area, and then placed his hand underneath
her clothing, inserting at least one finger into her vagina, if true, was
sufficient to state a federal civil rights claim for sexual battery and
sexual assault against the officer individually. The Georgia State Patrol
and Department of Public Safety, however, were state agencies not subject
to a lawsuit for damages under 42 U.S.C. Sec. 1983, and claims under state
law were barred by sovereign immunity for losses resulting from assault,
battery, or false imprisonment, based on an exception to a statute waiving
sovereign immunity for certain injuries caused by governmental employees.
Davis v. Standifer, No. A05A1292, 621 S.E.2d 852 (Ga. App. 2005). [N/R]
Immunity Florida sheriff
did not act as an arm of the state in attempting to enforce a county dance
hall ordinance against the owner of a private nightclub, and was therefore
not entitled to Eleventh Amendment immunity against the club owner's federal
civil rights lawsuit. Abusaid v. Hillsborough County Bd., No. 03-16243,
2005 U.S. App. Lexis 6341 (11th Cir.). [2005 LR Jun]
Alabama sheriff had Eleventh Amendment immunity
from federal civil rights lawsuit over alleged rape of burglary victim
by deputy sheriff dispatched to assist her, as he acted, under state law,
on behalf of the state, not the county. Sheriff also had absolute immunity
from state law official capacity claims and discretionary function immunity
from individual capacity claims for negligent hiring, supervision, or training
of the deputy, under state law. McClure v. Houston County, Alabama, 306
F. Supp. 2d 1160 (M.D. Ala. 2003). [N/R]
California county sheriff acted on behalf
of the state not the county, California Supreme Court rules, and therefore
was entitled to absolute Eleventh Amendment immunity from liability on
federal civil rights claims for damages. Plaintiffs could still pursue,
however, their claims for unreasonable search and seizure under California
state statute without a showing of any "intent to discriminate."
Venegas v. County of Los Angeles, #S113301, 32 Cal. 4th 820; 87 P.3d 1
(Cal. 2004). [2004 LR Jun]
U.S. Supreme Court rules that states may
be sued for damages under the Americans with Disabilities Act (ADA) for
acts of disability discrimination which allegedly interfere with the constitutional
right of access to the courts, and that such claims are not barred by Eleventh
Amendment immunity. Court does not provide a clear answer about whether
similar lawsuits against governmental employees for damages are proper
in other circumstances of alleged disability discrimination in the providing
of public services or programs. Tennessee v. Lane, #02-1667, 2004 U.S.
Lexis 3386. [2004 LR Jun]
Florida State Department of Highway Safety
and Motor Vehicles is an agency of the state and cannot be sued for damages
under 42 U.S.C. Sec. 1983. "Neither a state nor its officials acting
in their official capacities are 'persons' under Sec. 1983," the court
noted, citing Will v. Michigan Dept. of State Police, 491 U.S. 58 (1989).
Dickinson v. Gonzalez, No. 3D00-927, 839 So. 2d 709 (Fla. App. 3d Dist.
2003). [N/R]
Deputy sheriff was acting on behalf of the
state in the area of state courthouse security by serving criminal trespass
notices on the plaintiff, following his courthouse protest, prohibiting
him from entering all state court facilities or grounds. He therefore could
not be held liable, in his official capacity, for purported violations
of the plaintiff's First Amendment rights, since he was not acting on behalf
of the county. Huminski v. Rutland County Sheriff's Department, 213 F.
Supp. 2d 520 (D. Vt. 2002). [N/R]
Georgia sheriff was an agent of the county,
rather than an agent of the state, under prior precedent, so that he was
not entitled to Eleventh Amendment immunity from suit against him in his
official capacity for alleged excessive use of force. Manders v. Lee, #01-13606,
285 F.3d 983 (11th Cir. 2002). [N/R]
County sheriff acted on behalf of the state
in enforcing a state court injunction against the picketing of an abortion
clinic and abortion doctor's home, and therefore was entitled to Eleventh
Amendment immunity from liability in a federal civil rights lawsuit brought
by activist. Gottfried v. Medical Planning Services Inc., No. 00-3488,
280 F.3d 684 (6th Cir. 2002). [N/R]
Estranged lover whose affair with female
police officer married to state trooper ended "acrimoniously"
could not seek damages against trooper in his official capacity, as this
claim was barred by Eleventh Amendment immunity. Plea for injunction to
prevent trooper from "perjurious" testimony in future court proceedings
was "too speculative" to support granting relief. Stack v. City
of Hartford, 170 F. Supp. 2d 288 (D. Conn. 2001). [N/R]
332:115 Local court system in Pennsylvania
which employed officer who allegedly improperly arrested plaintiff and
used force against him was not a "person" for purposes of a federal
civil rights lawsuit. Callahan v. City of Philadelphia, #99-1816, 207 F.3d
668 (3rd Cir. 2000).
332:116 Motorist whose lawsuit against the
state of North Carolina and a state trooper in his official capacity were
previously dismissed on Eleventh Amendment grounds could still file a second
lawsuit, making identical claims, against the trooper in his individual
capacity. Andrews v. J.M. Daw, #98-6329, 201 F.3d 521 (4th Cir. 2000).
316:58 California sheriffs are state officials
rather than county policymakers, so California county could not be liable
for sheriff's policies regarding release of prisoners from county jail
which allegedly resulted in detainee who posted bail being kept in custody
on warrant which sheriff's personnel knew or should have known did not
apply to her. County of Los Angeles v. Superior Court, 80 Cal.Rptr.2d 860
(Cal. App. 1998).
313:3 Despite the presence, in terminated
correctional officer's suit, of several claims against the State of Wisconsin
barred by the Eleventh Amendment, correctional defendants could still properly
remove the entire lawsuit from state to federal court, and the federal
trial court had jurisdiction to consider and rule on remaining claims not
barred by Eleventh Amendment immunity. Wisconsin Dept. of Corrections v.
Schacht, #97-461, 118 S.Ct. 2047 (1998).
294:85 Lawsuit by motorist against NY Department
of Motor Vehicles challenging constitutionality of requirement that he
participate in Drinking and Driving Program in order to regain driving
privileges after DUI conviction was barred by Eleventh Amendment sovereign
immunity Mullin v. P&R Educational Services, Inc, 942 F.Supp. 110 (E.D.N.Y.
1996).
North Carolina had not waived its 11th Amendment
immunity from suit in federal court; district court did not have jurisdiction
over suit plaintiff brought against state to attempt to collect judgment
obtained against highway patrol officer in his individual capacity in earlier
lawsuit In Re Secretary of Dept of Crime Control, 7 F.3d 1140 (4th Cir.
1993).
Eleventh Amendment immunity barred federal
civil rights lawsuit for damages against Mississippi Highway Patrol and
against MHP officer in his official capacity, but did not bar such claims
against the officer individually King v. Mississippi Highway Patrol, 827
F.Supp. 402 (S.D.Miss 1993).
Federal appeals court holds that civil rights
claims brought against a state or state agency directly under Sec 1 of
the Fourteenth Amendment are barred by Eleventh Amendment Santiago v. NYS
Dept of Correctional Services, 945 F.2d 25 (2nd Cir. 1991).
County sheriff and his deputies, sued in
their official capacity, were immune from damages under the Eleventh Amendment
when any damages awarded would have been paid by the state Carr v. City
of Florence, Ala, 916 F.2d 1521 (11th Cir. 1990).
Federal Court holds that District of Columbia
should be treated as a municipality, rather than a state or territory,
for purposes of federal civil rights law; DC can be sued for alleged deprivation
of property in sting operation O'Callaghan v. District of Columbia, 741
F.Supp. 273 (DDC 1990).
State's indemnification of officer against
judgment does not make a suit against the officer a suit against the state
for purposes of immunity Harrington v. Schossow, 457 N.W.2d 583 (Iowa 1990).