AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies & Personnel
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Governmental Liability: Indemnity
court holds that a county government is a "person" susceptible
to suit under federal civil rights law Smallwood v. Jefferson county Government,
753 F.Supp. 657 (WD Ky 1991).
County could be liable for alleged conspiracy by sheriff and others to subject her to trial on false charges using fabricated evidence and perjured testimony; sheriff was final policymaking official for county in law enforcement area Turner v. Upton County, Texas, 915 F.2d 133 (5th Cir. 1990).
Alabama city council resolution agreeing to pay sums city employees become legally obligated to pay as damages did not cover punitive damages or damages for intentional wrongs Carr v. City of Florence, 729 F.Supp. 783 (N.D.Ala 1990).
City not liable for negligent retention of two officers who used their police badges and equipment to enter residence, murder occupants, and take their drugs Watson v. City of Hialeah, 552 So.2d 1146 (Fla App. 1989).
Estate of man killed by emergency response team after he killed officer did not show that his death was pursuant to policy of excessive force; city liable for $9360 for negligence Baldwin v. City of Seattle, 776 P.2d 1377 (Wash App. 1989).
New York statute requiring city to assume officers liability for negligence requires payment of officers' attorney fees Phillips v. Legeret, 529 N.Y.S.2d 579 (A.D. 1988).
City does not have to indemnify off-duty officer for his legal fees in defending against criminal charges Meyerson v. Bayonne, 449 A.2d 542 (NJ Super AD 1982).
The state and the municipality do not have to indemnify their employees for punitive damage awards Sharapato v. Town of Islip, 452 N.Y.S.2d 347 (Ct App. 1982).
Police chief ordered to reimburse another city for money paid to informant Loveri v. City of Festus, 679 S.W.2d 931 (Mo App. 1984).
Police officer acquitted of criminal charges entitled to reimbursement from city for legal expenses Moya v. New Brunswick, 448 A.2d 999 (NJ 1982).
County ordinance that provides fund to pay legal costs for police and fire personnel who successfully defend against criminal charges is constitutional Snowden v. Anne Arundel County, 456 A.2d 380 (Md 1983).
City may be required to pay attorney's fees to attorney privately retained by officers sued for civil rights violations Beane v. City of Sturgeon Bay, 334 N.W.2d 235 (Wis 1983).
State does not have to indemnify police officers' defenses against criminal charges Helduser v. Kimmelman, 467 A.2d 1094 (NJ App. 1983).
Separate counsel ordered for officer and county in Section 1983 suit Dunton v. Count of Suffolk, 729 F.2d 903 (2nd Cir. 1984); Officers have no right to counsel of their choice in Dunton-type conflicts See Suffolk County Pat Ben Assn v. Suffolk County, 595 F.Supp. 1471 (E.D. NY 1984). Another court in the same jurisdiction ruled that the City of New York did not have to provide representation by private attorneys at city expense when a conflict of interest exists City officials in that case also refused to provide any counsel to the individual police officers because of departmental disciplinary charges against them for the alleged beating of the plaintiff Mercurio v. City of New York, 592 F.Supp. 1243 (E.D. NY 1984).
Federal civil rights statutes do not provide for indemnification or contribution; separate action required for city to implead third-party defendant Valdez v. City of Farmington, 580 F.Supp. 19 (D.NM 1984).
Officers have no right to counsel of their choice in Duntontype conflict Mercurio v. City of New York, 592 F.Supp. 1243 (E.D. NY 1984).
County obligated to pay $40,000 judgment against officer for intentional tort Chatham County Commissioners, 324 S.E.2d 448 (Ga 1985).
By contrast, sheriff has option to pay for deputy's defense Florida Police Benevolent Association, Inc v. Miller, 464 So.2d 236 (Fla App. 1985).
New York ordered to pay officer's private counsel Young v. Koch, 487 N.Y.S.2d 918 (New York County 1985).
Officer's dismissal from settlement entitles him to reimbursement for attorney's fees from county Metropolitan Dade County v. Evans, 474 So.2d 392 (Fla App. 1985).
Issues on separate counsel discussed Gordon v. Norman, 788 F.2d 1194 (6th Cir. 1986).
City must indemnify police for defense of forfeiture charges Crawford v. City of Ashland, 396 N.W.2d 781 (Wis App. 1986).
Officer criminally charged with sexually assaulting detainee might be entitled to indemnity for costs of defense, but burden on him to show "incidental to duty" Rawling v. City of New Haven, 206 Conn 100, 537 A.2d 439 (1988).
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