AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability
of Law Enforcement Agencies & Personnel


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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).

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