AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies & Personnel
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Governmental Liability: Sheriffs/Constables
Court to examine whether an Alabama sheriff, a state employee under state
law, was "final policymaker" for county in authorizing raids
on tavern; federal appeals court ruled that county was entitled to summary
judgment in federal civil rights lawsuit and that sheriff did not make
final policy for county Swint v. Wadley, 5 F.3d 1435 (11th Cir. 1993),
opinion modified on denial of reharing, 11 F.3d 1030 (11th Cir. 1994),
cert granted, 62 USLW 3819 (June 14, 1994).
Plaintiff claims property seized by sheriff was worth $30,000, not $1,000 and seeks to hold sheriff liable for excessive levy Spectrum Mfg Corp v. Bank of Lansing, 324 N.W.2d 523 (Mich.App. 1982).
Woman sues sheriff for implementing a policy allowing unconstitutional strip-searches Roscom v. City of Chicago, 550 F.Supp. 153 (N.D.Ill. 1982).
County sheriff immune from liability for executing warrant ordering involuntary commitment to detoxification center Dick v. Watonwan County, 551 F.Supp. 983 (D.Minn. 1982).
Sheriff liable in his official capacity for promulgating custom of executing outdated writs Wolf-Lillie v. Sonquist, 699 F.2d 864 (7th Cir. l983).
County not liable for sheriff's actions Thomas v. Talesky, 554 F.Supp. 1377 (N.D.Ill. 1983).
Government has right to investigate sheriff In Re Burlington Cty Free-holders Bd, 457 A.2d 495 (NJ App. 1983).
County, as well as sheriff, could be liable for deputy's misconduct Overbay v. Lilliman, 572 F.Supp. 174 (WD Mo 1983).
Fee system paying constables $1000 for each charge that results in conviction upheld Brown v. Edwards, 721 F.2d 1442 (5th Cir. 1983).
Sheriff liable for deputy's failure to execute writ and seize property Red House Furniture Co v. Smith, 306 S.E.2d 130 (N.C. App. 1983) and 313 S.E.2d 569 (N.C. 1984).
Sheriff liable for value of property on writ he failed to execute Bonds v. Bonds, 453 So.2d 1020 (Miss 1984).
Sheriff vicariously liable for off-duty deputy's assault Sullivan v. Quick, 465 So.2d 254 (La App. 1985).
County not liable for failure to train elected constable Rhode v. Denson, 776 F.2d 107 (5th Cir. 1985).
" See also: Negligence: To Traveling Public; Incapacitated Persons; Search and Seizure: House/Business, Vehicle
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