AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Negligence: Incapacitated Persons
Sheriff could be liable for release of
incapacitated person who subsequently suffers injury Inglesias v. Wells
441 N.E.2d 1017 (Ind App. 1982).
City could be liable when officers fail to
properly care for incapacitated drunk Wagar v. Hasenkrug, 486 F.Supp. 47
(D.Mont 1980).
Sheriff may be liable for releasing incapacitated
person who subsequently suffered severe injuries from exposure Iglesias
v. Wells, 441 N.W.2d 1017 (Ind App. 1982).
Officers not negligent for failing to insist
upon medical treatment at scene of traffic accident Ciko v. City of New
Orleans, 427 So.2d 80 (La App. 1983).
Sheriff and deputy could be liable for supplying
gun to "incompetent" constable, who accidentally shot someone
Pellegal v. Dureau, 427 So.2d 55 (La App. 1983).
Officers not liable for failing to recognize
that man arrested for public drunkenness had internal head injury; man
taken to jail instead of hospital subsequently died Abraham v. Maes, 430
So.2d 1099 (La App. 1983).
No liability for failure to arrest intoxicated
pedestrian subsequently struck by car Stout v. City of Portersville, 196
Cal.Rptr. 301 (App. 1983).
City could be liable for death after officers
left car occupant uncared for Endy v. Village of Nyack, 576 F.Supp. 1562
(S.D.NY 1984).
No liability for refusal to take mentally
ill person into custody and he kills himself Gilchrist v. City of Livonia,
599 F.Supp. 260 (E.D. Mich 1984).
No duty to remove drunken pedestrian from
highway Marshall v. Ellison, 477 N.E.2d 830 (Ill App. 1985).