AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
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DNA evidence led to the exoneration of three men who had together served a total of 83 years in prison for the rape and murder of a woman. Their confessions were coerced and evidence was allegedly fabricated. One died in prison and the other two developed diseases that killed them soon after. Their estates filed a civil rights lawsuit against the county which prosecuted them. At issue in the current appeal was whether two of the county’s law enforcement liability policies require the insurers to defend the civil rights suit. A federal appeals court upheld a determination that there was a duty to defend. The policies were triggered when injuries occurred during the policy period despite the fact that the allegedly wrongful acts that caused the injuries took place before the policy period. In this case, the provisions of the policies cover bodily injuries occurring during the policy period, and the estates’ complaint asserted those injuries during the relevant time periods. Therefore, both insurers have a duty to defend the county and its officers. Travelers Indemnity Co. v. Mitchell, #17-60291, 2019 U.S. App. Lexis 15915 (5th Cir.).
A malicious prosecution lawsuit
against a police officer and the city that employed him was not covered under
the city's insurance policy. The insurance contract's unambiguous language
indicated that the "occurrence" triggering coverage was the beginning
of the allegedly malicious prosecution, which took place before the policy
period, rather than the termination of the prosecution in the plaintiff's
favor. St. Paul Fire and Marine Insurance Company v. The City of Zion,
#2-13-1312, 2014 IL App (2d) 131212, 2014 Ill. App. Lexis 659.
A man was charged with
the murder and sexual assault of his three-year-old daughter. Charges were
dropped after his defense attorney obtained DNA evidence and had it privately
tested, but he was first imprisoned for eight months after detectives coerced a
confession from him and delayed DNA testing, according to his lawsuit. A jury
awarded him $15.5 million, including $6.2 million in punitive damages on
malicious prosecution and other claims. Fox v. Hayes, #08-3736, 600 F.3d 819
(7th Cir. 2010). Offers to settle for less were rejected both before and after
the verdict. A primary insurance policy required the insurer to defend the
detectives up to a policy limit of $1 million. The county also had express
insurance policies for $5 million from a second company, and further excess coverage
from a third insurer. $8,166,000 of the damages awarded were upheld, including
$3.4 million in punitive damages. The detectives assigned to the plaintiffs any
claims against the insurers in exchange for an agreement not to seek punitive
damages against the detectives' personal assets. A federal appeals court
rejected the plaintiffs' claim against the secondary insurer that it breached a
good faith duty to reasonably settle the claims and inform the detectives of
their alleged conflicts of interest. The appeals court upheld the finding that
the secondary insurer never had any control over the defense of the case before
the jury verdict and accordingly had no duty either to settle the case or
inform the detectives of a supposed conflict of interest. Fox v. Am. Alt. Ins.
Corp., #13-1290, 2014 U.S. App. Lexis 12799 (7th Cir.).
A man was arrested and convicted of sexual
assault and home invasion. Later, he was exonerated and pardoned, and was
awarded $9 million in a wrongful arrest and conviction lawsuit against a police
officer. The city was required to indemnify the officer and the city sought to
obtain payment of the judgment from its liability insurers. The appeals court
noted that even though the city properly notified its insurers of the lawsuit, they
all refused to help the city and officer defend the claim or provide any
indemnification. Additionally, they did not go to court to seek a declaratory
judgment that the claims were not covered under their policies. Only after it
was all over was the current lawsuit filed, seeking a declaratory judgment that
insurers had no obligation to pay. The company providing the insurance policy
as of the date of the arrestee's exoneration will be required to pay the
judgment. The insurer could also be held liable under a state statute for an
unreasonable and vexatious failure to provide a defense. American Safety
Casualty Insurance Co. v. City of Waukegan, #11-2775, 2012 U.S. App.
Lexis 5496 (7th Cir.), rehearing denied by, rehearing, en banc, denied by:
American Safety Casualty Insurance Co. v. City of Waukegan, #11-2775, 2012 U.S.
App. Lexis 8722 (7th Cir. Ill.).
In an arrestee's lawsuit claiming that an officer
used excessive force against him during the arrest, the jury rejected the
federal civil rights claim, while awarding the plaintiff $125,000 on an
assertion that the officer was negligent under Maine state law in the use of
force against him. The trial court reduced the award to $10,000, since a state
statute limits the personal liability of a government employee to that amount
as a maximum recovery. On appeal, the plaintiff argued that the statutory
limitation did not apply because the officer was covered by an insurance
policy, resulting in the possibility of higher liability awards (of either $400,000
or the policy limit) for claims "against a governmental entity or an
employee" under the statute. The federal appeals court certified to the
Maine Supreme Court an unresolved issue of state law as to whether the higher
liability limit only applied to claims against government employees in their
official capacity, as opposed to those against them in their individual
capacities. The Maine court must also rule on how to interpret a possible
ambiguity in the insurance policy's coverage. Fortin v. Titcomb, #10-2370, 2012
U.S. App. Lexis 1422 (1st Cir.).
An intermediate North Carolina appeals court held
that a county 911 center provides a governmental function, protecting the
health and welfare of the county's citizens. It also noted that the center's
insurance policy provided that it does not waive the defense of governmental
immunity. It further held, therefore, that a trial court acted properly in
dismissing a lawsuit against the 911 operators in their official capacity,
while letting claims against them in their individual capacity proceed. The
lawsuit concerned the 911 center's allegedly inadequate response to calls
concerning a child who had stopped breathing, and subsequently died. Wright v.
Gaston County, #COA09-792, 2010 N.C. App. Lexis 1248.
An arrestee convicted of murder whose conviction
was subsequently overturned sued the state's attorney's office and the former
state's attorney for damages. The lawsuit claimed that the former state's
attorney, in cooperation with police officers, "framed" and falsely
prosecuted the plaintiff, coercing and threatening two key witnesses, inducing
them to testify falsely, and concealing exculpatory evidence. A federal appeals
court held that the county's obligation, under Illinois state law, to pay
judgments against the former state's attorney or the state's attorney's office
did not constitute an "occurrence" or "accident" under the
terms of commercial general liability and law enforcement insurance policies
issued to the county. The insurer, therefore, has no duty to defend or
indemnify the county. Nat'l Cas. Co. v. McFatridge, #09-1497, 2010 U.S. App.
Lexis 8762 (7th Cir.).
Insurance company was not required to provide
coverage for a lawsuit against police department when no notice of the case was
received until four days before the trial, depriving the insurer of the
opportunity to investigate the claim or participate in preparing a defense. The
terms of the policy require immediate notice of any lawsuit, and the city,
which is a "reasonably sophisticated insured," waited twenty-eight
months before providing notice to the insurer. American Safety Casualty
Insurance Co. v. City of Waukegan, #07 C 1990, 2009 U.S. Dist. Lexis 25742
(N.D. Ill.).
A police officer injured by a driver's collision
with her vehicle during a high-speed chase could pursue a claim for
underinsured motorist benefits against her auto insurer. There were factual
issues as to whether her recovery for injuries were barred by the
"fireman's rule" under Iowa law, since an exception to that rule
provides that the officer is not barred from recovery if the person responsible
for the police presence engages in intentional conduct which harms the officer
once the officer is present. If the collision was an accident negligently
caused, there could be no recovery under the "fireman's rule," but
the officer would be entitled to recovery if the driver intentionally crashed
into her vehicle, so further proceedings were required. Cornwell v. State Farm
Mutual Automobile Insurance Company, No. 4:03-CV-40650, 396 F. Supp. 2d 1020
(S.D. Iowa 2005). [N/R]
Police officer who was struck by an allegedly
uninsured motorist while in the street directing traffic had no claim under the
uninsured motorist provisions of auto insurance issued to the department. The
policy's uninsured motorist coverage was limited to employees of the department
injured while occupying a covered vehicle, and the officer was not
"occupying" a police vehicle at the time of the accident. The
officer's uninsured motorist claim was also barred under the "exclusive
remedy" provision of the Connecticut workers' compensation statute. Gomes
v. Massachusetts Bay Insurance Company, No. 24409, 866 A.2d 704 (Conn. App.
2005). [N/R]
Liability insurance policy issued to city did not
provide coverage for police officer and another city employee on claims that
they allegedly sexually assaulted arrestees because their alleged conduct was
outside the scope of their employment. Employers Mutual Casualty Company v.
Mallard, No. 02-10786, 402 F.3d 1085 (11th Cir. 2005). [N/R]
Insurer had an obligation, under law enforcement
liability policy, to defend and indemnify village in class action lawsuit
claiming that it had violated the Racketeer Influenced & Corrupt
Organizations Act (RICO), 18 U.S.C. Sec. 1961 et seq. by allowing its
constables to issue traffic tickets without authority to do so, despite dispute
over whether village constables had law enforcement duties. Brewer v. Village
of Old Field, 311 F. Supp. 2d 382 (E.D.N.Y. 2004). [N/R]
Delaware Supreme Court rules that state statutes
waived sovereign immunity only to the extent that any loss was covered by
insurance. Trial court therefore properly granted summary judgment in favor of
police officer and state in lawsuit seeking to collect more than the amount of
insurance available for injuries sustained by vehicle occupants in an accident
involving a state police vehicle. Pauley v. Reinoehl, No. 679, 2002, 848 A.2d
561 (Del. 2004). [N/R]
Delaware Supreme Court rules that state statute
prevents the state, as owner of a police emergency vehicle, from asserting
sovereign immunity as a complete defense to a personal injury claim based on
the alleged negligence of the vehicle's driver, but that any liability is
limited, under state law, to the amount of liability insurance purchased.
Pauley v. Reinoehl, No. 679,2002, 2003 Del. Lexis 625 (2004). [2004 LR Jun]
Under Georgia law, county which had not purchased
liability insurance for damages arising from officers' negligence in the performance
of their duties did not waive sovereign immunity and could not be held liable
for motorists' injuries from collision with truck pursued by police. Smith v.
Chatham County, No. A03A1133, 501 S.E.2d 388 (Ga. App. 2003). [N/R]
Mississippi statute that provides that a
municipality's purchase of liability insurance waives a $50,000 limitation on
the amount of liability stated in the Mississippi Tort Claims Act, A.M.C. Sec.
11-46-15, did not apply to a municipality's participation the Mississippi Municipal
Liability Plan (MMLP), an agreement which constituted self-insurance or a
risk-sharing pool. Town's maximum liability for death of motorist killed in
collision with police officer, therefore, was $50,000. Mississippi Municipal
Liability Plan v. Jordan, No. 2001-IA-01590-SCT, 863 So. 2d 934 (Miss. 2003).
[N/R]
A city's sovereign immunity limiting liability
for the negligence of a driver of a government vehicle except to the extent of
insurance purchased did not prevent the recovery, by injured parties, of
underinsured motorist benefits under their own auto insurance policy, despite a
policy requirement to show damages "due by law" and a legal right to
recover damages. Supreme Court of Kentucky rules that the insurer's attempt to
exclude government-owned vehicles from the definition of
"underinsured" vehicles was void under Kentucky state law. Nationwide
Mutual Insurance Company v. Hatfield, No. 2001-SCk-0969-DG, 122 S.W.3d 36 (Ky.
2003). [N/R]
An arrestee who was suing several cities and police
officers to recover damages for alleged misconduct, including false arrest, in
the course of an investigation into alleged "scams" to defraud
elderly women was entitled under Louisiana law to add a city's liability
insurance carrier as a defendant and was entitled to a jury trial against the
insurer. A state law prohibition against a jury trial on claims against a
political subdivision did not apply to the political entity's liability
insurer. Smith v. City of Lake Charles Police Department, No. 03-155, 858 So.
2d 869 (La. App. 3d Cir. 2003). [N/R]
Insurance policy issued to city for public
officials and employment practices liability did not provide coverage for
claims that city and police officers intentionally violated federally protected
civil rights of African-American citizens. Coverage was barred under both
"deliberate act" exclusion and "law enforcement" exclusion
stated in the terms of the policy. Clarendon National Insurance Company v. City
of York, Pennsylvania, 290 F. Supp. 2d 500 (M.D. Pa. 2003). [N/R]
County's purchase of liability insurance on
vehicle used by sheriff's deputy in high-speed chase waived any defense of
sovereign immunity on claims asserted by motorist for injuries to herself and
her daughter when struck by vehicle deputy was pursuing. Summary judgment was
still properly entered for deputy, however, as plaintiff failed to show that
deputy acted in reckless disregard of proper procedure during the pursuit.
Standard v. Hobbs, 589 S.E.2d 634 (Ga. App. 2003). [N/R]
Insurer of parked police cruiser assisting
motorist with stalled motor vehicle was liable for the payment of no-fault
benefits to surviving spouse of motorcyclist and motorcyclist's passenger,
after motorcyclist's collision with police car. Police cruiser's status as an
emergency vehicle did not bar insurer's liability under Michigan law, and
police cruiser was "involved in the accident" as defined in the
no-fault statute. Amy v. MIC General Insurance Corp., No. 237055, 670 N.W.2d
228 (Mich. App. 2003). [N/R]
Under Connecticut law, state statutory
requirement that sheriffs purchase personal liability insurance for damages
caused by their wrongful acts was not a legislative waiver of sovereign
immunity for claims against the state and sheriffs in their official capacity.
The purpose of the statute was to protect the public from the sheriffs' acts
and hold the sheriffs personally liable, not to authorize claims against the
government. Connecticut Supreme Court also holds that an exception to sovereign
immunity for acts by state officers in excess of their legal authority only
applies to lawsuits seeking injunctive or declaratory relief, and does not
authorize claims for monetary damages, overruling prior caselaw. Miller v.
Egan, No. 16730, 828 A.2d 549 (Conn. 2003). [N/R]
Nebraska county's purchase of liability insurance
with limits in excess of $1 million liability cap in state Tort Claims Act did
not waive the county's protection under that cap. Nebraska Supreme Court
upholds trial court decision limiting total recovery of motorist injured in
auto accident with police patrol car to $1 million. Motorist was entitled, in
addition to $1 million damage award, to $5,822.67 in expenses incurred in
proving that his medical expenses were fair and reasonable. Salazar v. Scotts
Bluff County, No. S-02-656, 665 N.W.2d 659 (Neb. 2003). [N/R]
City's purchase of liability insurance did not
constitute a waiver of governmental immunity under Georgia state law for claims
against the city by an arrestee seeking damages for the actions of an officer
on the basis of purported false arrest and imprisonment, and malicious
prosecution, and the city's own alleged negligent hiring and retention of the
officer. Reese v. City of Atlanta, No. A03A0896, 583 S.E.2d 584 (Ga. App. 2003).
[N/R]
Insurance claims adjuster's interviews of
officers after incident where they allegedly tackled an individual and injured
his shoulder following a disturbance in a parking lot were not protected by
attorney-client privilege or work product privilege from discovery in
litigation federal civil rights lawsuit because they were not conducted in
anticipation of litigation. Claims adjuster's interviews of witnesses to the
incident, however, were protected under the work product privilege because they
were conducted in anticipation of litigation. Garcia v. City of El Centro, 214
F.R.D. 587 (S.D. Cal. 2003). [N/R]
City which was self-insured was required under
Connecticut law to provide only the statutory minimum in underinsured motorist
coverage to an officer it employed, so that when the officer settled with the
motorist for an amount equal to that minimum, the city was not liable to the
officer as an underinsured motorist insurer for the officer's claimed injuries
in excess of that amount. Serra v. City of West Haven, No. 22992, 822 A.2d 1018
(Conn. App. 2003). [N/R]
Actions by driver of stolen vehicle in trying to
intentionally hit an officer are ruled to be an "accident" by the New
Jersey Supreme Court for purposes of an officer's claim for uninsured motorist
benefits against his own vehicle insurer. Shaw v. City of Jersey City, 811 A.
2d 404 (N.J. 2002). [N/R]
City, in purchasing liability insurance for
liability of more than $2 million but less than $4 million, waived its
statutory immunity under North Carolina law for the negligent conduct of its
officers to the extent of the insurance, and could be sued, along with its
officer, for detainee's alleged damages in excess of $3 million arising out of
a collision of the officer's vehicle with another car while the plaintiff was
riding in it while in custody. Defendant officer, in his official capacity,
shared both the city's immunity and its waiver of immunity. See N.C.G.S.A. Sec.
160A-485. Clayton v. Branson, No. COA02-65, 570 S.E.2d 253 (N.C. App. 2002).
[N/R]
City waived any defense of sovereign immunity in
lawsuit brought by motorist injured during police chase by participating in a
liability risk pool on the date when the accident occurred. It could not
reclaim its waiver of sovereign immunity by ceasing to participate in the state
risk pool, in the absence of consent by the plaintiff motorist. Cromwell v.
Rapid City Police Department, No. 21582, 632 N.W.2d 20 (S.D. 2001). [N/R]
343:105 Federal trial court bars evidence of prior
unrelated departmental disciplinary actions against officer accused by arrestee
of excessive use of force, as well as evidence about the existence of liability
insurance; testimony about whether the arrestee actually hit his wife before
the police arrived was not relevant to whether the officer used improper force.
Munley v. Carlson, 125 F. Supp. 2d 1117 (N.D. Ill. 2000).
{N/R} City failed to show, as a matter of law,
that it had not waived its governmental immunity for alleged false arrest,
malicious prosecution and other claims when it bought an insurance policy
arguably providing coverage for such wrongdoing. Houpe v. City of Statesville,
No. COA96-1272, 497 S.E.2d 82 (N.C. App. 1998).
266:29 City's insurance carrier was required to
provide defense for officers who allegedly fabricated case against arrestee in
order to coverup their own misappropriation of funds provided to pay
informants; Alabama Supreme Court holds that insurance policy, because
ambiguous in its exclusions, must be construed against insurance company Titan
Indemnity Co v. Riley, 641 So.2d 766 (Ala 1994).
Fact that city and officer's insurer paid medical
expenses for injured motorist and her son was admissible in lawsuit to show
that city and officer admitted liability for collision Cochran v. Watson, 628
So.2d 407 (Ala 1993).
Purchase of liability insurance by county did not
waive governmental immunity Dickens v. Thorne, 429 S E 2d 176 (N.C. App. 1993).
Iowa Supreme Court holds that city must engage in
collective bargaining with police union over providing liability insurance for
officers covering claims for punitive damages; providing indemnification for
officers if city failed to provide required liability insurance was not,
however, a topic of mandatory bargaining Waterloo Police Protective Assn v.
PERB, 497 N.W.2d 833 (Iowa 1993).
Georgia state statute that purported to give
municipality sovereign immunity violated state constitutional provision waiving
sovereign immunity to the extent that liability insurance was purchased; court
overturns judgment for city in suit arising out of damages caused by vehicle
subjected to high-speed pursuit by officers Hiers v. City of Barwick, 414
S.E.2d 647 (Ga 1992).
City's defense of sovereign immunity to
negligence claim for not responding to burglar alarm should not have been
accepted by Mississippi trial court without submission of city's insurance
agreement; sovereign immunity was waived to the extent insurance provided
liability coverage Scott v. City of Biloxi, 592 So.2d 1003 (Miss 1991).
Insurance policy which contained conflicting
provisions as to whether coverage was provided for certain claims against law
enforcement agency would be interpreted in the manner most favorable to the
insured Lincoln National Health & Cas Ins Co v. Brown, 782 F.Supp. 110
(M.D. Ga 1992).
County's "errors and omissions" insurer
was not liable for a $41,496 award of attorneys' fees against the county in
plaintiff's prevailing civil rights suit Sullivan County, Tennessee v. Home
Indemnity Co, 925 F.2d 152 (6th Cir. 1991).
Auto insurance policy containing exclusion for
injuries to "employees" did not apply to injuries to a deputy in an
auto accident when deputy was not covered by workers' compensation coverage
Veillon v. U.S. Fire Insurance, 590 so 2d 1368 (La App. 1991).
Automobile exclusion clause in general liability
policy issued to city precluded coverage for injuries to pedestrian hit by
police vehicle chasing suspect; claim for negligence in training officers in
the use of vehicles was also outside of policy coverage McPherson v. Michigan
Mut Ins Co, 412 S.E.2d 445 (SC App. 1991).
Officer's acts in forcing woman to perform oral
sex were not within the scope of his employment; city's insurance carrier was
not liable for paying $7 million judgment against officer, since his assault
was not a "law enforcement activity" McLaren v. Imperial Casualty and
Indemnity Company, 767 F.Supp. 1364 (N.D.Tex. 1991).
Plaintiff lost both testicles during airport
assault; city accused of negligent provision of adequate police services at
airport waived sovereign immunity to the extent of insured amount under airport
liability policy Stryker v. City of Atlanta, 738 F.Supp. 1423 (N.D.Ga 1990).
Insurance policy exclusion for hazards
"arising out of" operation of police department barred coverage for
alleged participation of officers in kidnapping and beating of man Murdock v.
Dinsmoor, 892 F.2d 7 (1st Cir. 1989).
Intentional acts of assault properly excluded
from insurance policy's coverage; $436,11517, judgment not covered Klatt v.
Continental Insurance Company, 409 N.W.2d 366 (S.D.1987).
Town and insurance company dismissed from
garnishment proceedings Berry v. McLemore, 795 F.2d 452 (5th Cir. 1986).