AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Defenses: Privilege/Immunity
Indiana Supreme Court rejects constitutional
challenge to law enforcement immunity section of state's Tort Claims Act
State v. Rendleman, 603 N.E.2d 1333 (Ind 1992).
City's purchase of motor vehicle liability
insurance covering negligent acts of employees waived sovereign immunity
under Georgia law Ekarika v. City of East Point, 420 S.E.2d 391 (Ga App.
1992).
Police officers granted absolute immunity
for perjury at criminal trial Briscoe v. Lahue, 103 S.Ct. 1108 (1983).
Uncertainty as to when an arrestee is entitled
to a telephone call results in immunity to officer for denying call O'Hagan
v. Soto , 725 F.2d 878, (2nd Cir. 1984).
Police officers, like all citizens, are immune
from civil liability for perjury Williams v. Dykes, 317 S.E.2d 661 (Ga.App.
1984).
Louisiana federal appeals court allows absolute
immunity for maliciously presenting evidence to clear police officer Morrison
v. City of Baton Rouge, 761 F.2d 242 (5th Cir. 1985).
Officer immune, despite finding of battery
Butler v. City of Detroit, 386 N.W.2d 645 (Mich.App. 1986).
Police officer not entitled to absolute immunity
for withholding evidence Randle v. City and County of San Francisco, 230
Cal.Rptr. 901 (App. 1986).
Federal court allows defense of qualified
immunity for "planting" evidence during officer's internal investigation
Tomer v. Gates, 811 F 1240 (9th Cir. 1987).
Custody battle over children erupts at father's
funeral; police may be entitled to qualified immunity for making arrests
and taking children to police station Anderson v. City of Hopkins, 400
N.W.2d 350 (Minn. App. 1987).
City and officers could be liable for failure
to take intoxicated person into protective custody Morse v. City of Mount
Pleasant, 408 N.W.2d 541 (Mich App. 1987).
Invalidity of county's partial waiver of
immunity statute, combined with non severability clause, resulted in recovery
of full governmental immunity; immunity to operate retroactively Walker
v. Prince George's County, 667 F.Supp. 1103 (D. Md 1987). and Scinto v.
Kollman, 667 F.Supp. 1106 (D. Md 1987).
Police officer is absolutely immune from
liability for allegedly perjured testimony in criminal pretrial hearing
Holt v. Castaneda, 832 F.2d 123 (2d Cir. 1987).
Police officer entitled to qualified immunity,
and FBI agents also not liable, for arrest with warrant of father for kidnapping
own child Rykers v. Alford, 832 F.2d 895 (5th Cir. 1987).
Officers not liable for warrantless entry
into home to arrest for misdemeanors; immune because law was not clearly
established when they acted Bennett v. Coffman, 361 S.E.2d 465 (W.Va. 1987).
Reasonable officers must know that they cannot
assist parent in obtaining custody of child without court order Smith v.
Eley, 675 F.Supp. 1301 (D.Utah 1987).
Alabama Supreme Court holds that sheriff
is entitled to immunity from civil liability under state law Parker v.
Amerson, 519 So.2d 442 (Ala 1987).
Kansas Supreme Court refuses to allow Missouri
sheriff to claim sovereign immunity for alleged negligent preparation of
arrest warrant resulting in arrest in Kansas Head v. Platte County, 749
P.2d 6 (Kan 1988).
Officers entitled to absolute immunity for
testimony at probable cause hearing but only qualified immunity for grand
jury testimony White v. Frank, 680 F.Supp. 629 (S.D.N.Y. 1988).
" See also: False
Arrest/Imprisonment: Warrant, False Arrest/Imprisonment:
Unlawful Detention, Negligence: Vehicle Related.