AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of
Law Enforcement Agencies & Personnel
Negligent or Inadequate Investigation/Failure to Investigate
Surviving family
of man believed by officials to have committed suicide failed to show that
there was any violation of constitutional rights or Montana state law from
the alleged failure to adequately investigate whether the death was actually
a suicide or caused by something else. Further, the officials did not have
any duty to protect the decedent's personal property, following his death,
from theft by private persons, and the allegation that the officials themselves
took the missing property was mere "speculation." Hageman v.
Bates, No. CV-06-09, 2007 U.S. Dist. Lexis 21055 (D. Mont.).
Police officer was
not liable under Georgia state law for allegedly negligent investigation
of fatal accident which resulted in criminal charges initially being made
against motorist. The officer was performing a discretionary act entitling
him to official immunity when he decided, based on his investigation, that
the motorist had been under the influence and driving recklessly, and when
he signed an arrest warrant application. Absent any evidence that the officer
acted with actual malice towards the motorist, there could be no valid
claim. Tant v. Purdue, No. A06A0821, 629 S.E.2d 551 (Ga. App. 2006). [N/R]
Man exonerated, by DNA evidence, of attempted
rape after serving five years of a 70 year sentence failed to show that
his constitutional rights were violated, or his wrongful conviction and
imprisonment caused, by improperly conducted photo arrays or lineup, destruction
of evidence, racial discrimination, or claimed city policies of inadequate
training and supervising of officers. Alexander v. City of S. Bend, No.
042535, 2006 U.S. App. Lexis 2 (7th Cir.). [2006 LR Feb]
Family members of murder victim could not
recover damages for emotional distress allegedly suffered due to police
investigators failure to pursue or to inform the department of inculpatory
evidence found during the investigation. Even if these claims were true,
they were insufficient to "shock the conscience" and violate
the family member's due process rights. Cusick v. City of New Haven, No.
03-7890, 145 Fed. Appx. 701 (2nd Cir. 2005). [N/R]
Parents of son who died from a gunshot wound
to his head failed to show that city and county law enforcement failed
to conduct a proper investigation which resulted in their inability to
obtain damages against persons they believed killed their son. No deliberate
indifference was shown to their right to access the courts, and every independent
investigation reached the same conclusion, that the son had shot himself.
Scheeler v. City of St. Cloud, No. 04-2800, 2005 U.S. App. Lexis 5145(8th
Cir. 2005). [2005 LR May]
Police detective did not have any duty under
federal law to investigate claims that arresting officer engaged in criminal
activity in using allegedly excessive force against arrestee, and was therefore
entitled to summary judgment on federal civil rights claim against him
asserted by arrestee. Hale v. Vance, 267 F. Supp. 2d 725 (S.D. Ohio 2003).
[N/R]
344:122 Officers investigating child
sexual abuse allegations had a duty, under Washington state law, to avoid
negligence in doing so; appeals court reinstates lawsuit by parents arrested
but later acquitted of involvement in child sex ring; improper interrogation
techniques during interviews with children alleged. Rodriguez v. City of
Wenatchee, # 43812-3-I, 994 P.2d 874 (Wash. App. 2000).
323:172 Ex-officer not liable for failure
to stop and investigate disabled truck from which female motorist was abducted
and murdered or for later allegedly lying about when he first encountered
the vehicle; link between his alleged misconduct and any loss that motorist's
parents suffered was "too tenuous." Webb v. Haas, 728 A.2d 1261
(Me. 1999).
306:91 Plaintiff could not sue officer and
deputy for alleged negligent failure to investigate his complaint that
woman had deposited his paycheck into her checking account; since plaintiff
did not assert that he suffered any loss which would support award of compensatory
damages, he could not sue law enforcement defendants under Wyoming law.
Bird v. Rozier, 948 P.2d 888 (Wyo. 1997).
{N/R} Allegation that officers failed to
comply in good faith with court order requiring them to run fingerprints
found at murder scene through automated fingerprint identification system
adequately presented a claim for violation of due process. Newsome v. James,
968 F.Supp. 1318 (N.D.Ill. 1997).
Failure to find out that juvenile informant
had been in detention at the time he claimed he had witnessed murder was
not negligent; city was not liable for resulting arrest and indictment
of man juvenile named as the killer Landeros v. City of Tucson, 831 P.2d
850 (Ariz App. 1992).
Police officers are not liable for negligent
investigation of crimes Smith v. State, 324 N.W.2d 299 (Iowa 1982).
Based on 15-year-old victim's identification,
officer had probable cause to arrest the plaintiff for attempted sexual
assault Lee v. Geiger, 419 So.2d 717 (Fla App. 1982).
City of liable for failing to follow state
law in submitting dental records of missing son, which delayed identification
Shelton v. City of Westminster, 188 Cal.Rptr. 205 (App. 1982).
An officer's losing of names and addresses
of drivers involved in car crash causes judgment of $35,000 to be awarded
against city Fischer v. Travelers Ins Co, 429 So.2d 538 (La App. 1983).
Deputy sheriff not liable for leaving scene
of subsequent gas explosion to answer robbery call Wright v. La Power and
Light, 433 So.2d 796 (La. App. 1983).
Correctional officials and state police officers
liable for conducting skin test constituting unreasonable search of inmate
during murder investigation Clark v. Taylor, 710 F.2d 4 (1st Cir. 1983).
Crime lab's negligent manner of investigating
evidence; could result in liability to crime lab and police Cantwell v.
Allegheny Co, 466 A.2d 145 (Pa App. 1983).
Man who served time for rape he did not commit
cannot recover from city Von Williams v. City of Bridge City, Texas, 588
F.Supp. 1187 (E.D. Texas 1984).
Failure to instruct on foresee ability of
employee's criminal behavior reversible error Haddock v. City of New York,
483 N.Y.S.2d 288 (A.D. 1 Dept 1984).
State liable for officer's failure to get
names and addresses for civil suit Clemente v. State, 219 Cal.Rptr. 445
(Cal 1985).
No duty to investigate accident or write
report for injured parties. Jewell v. City of Columbus, 485 N.E.2d 266
(Ohio App. 1984).
Minor cannot sue through parents unless represented
by attorney. Meeker v. Kercher, 782 F.2d 153 (10th Cir. 1986).
" See also: Defenses:
Collateral Estoppel; False Arrest/Imprisonment:
From Private Citizens; Warrant; Firearms
Related: Intentional Use; Negligence: Vehicle-Related,
Public Protection