AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies & Personnel
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Other Misconduct: Outrageous Conduct
A sheriff's secretary
claimed that he violated her Fourteenth Amendment constitutional rights
in threatening to burn her home down, kill her family in the process, and
set fire to her dog. These threats allegedly occurred after the sheriff's
wife talked to the secretary and asked her to confirm her suspicions about
her husband's "extra-curricular" activities. The sheriff later
told the secretary that he had an audiotape of her conversation with his
wife, and made the threats in the event that she told his wife about the
tape. A federal appeals court upheld a determination that these allegations,
even if true, did not constitute a violation of constitutional rights.
Nuchols v. Berrong, No. 06-6132, 2008 U.S. App. Lexis 5365 (6th Cir.).
344:123 Woman and her minor daughter stated claims for "outrage" and civil rights violation based on "substantial evidence" that officer made obscene calls to their home and their claim that he engaged in "stalking" and "harassing" conduct; officer was not entitled to qualified immunity under Alabama law. Woodley v. City of Jemison, #2980275, 770 So. 2d 1093 (Ala. Civ. App.), cert. denied, #1982266 (Ala. 2000).
Police chief and captain did not commit outrageous conduct by issuing press release identifying decedent as child abuse suspect after his murder by alleged victim's grandfather Gann v. Key, 758 S.W.2d 538 (Tenn App. 1988).
[190:11] Castrated rapist awarded $150,000 for emotional distress, suffered when the former sheriff displayed his testicles in a jar. Dumond v. Conlee, # H-C-88-5; motion rptd. at 710 F.Supp. 1270, 1988 U.S. Dist. Lexis 16207 (E.D. Ark); verdict rptd. in Chicago D. Law Bull., Aug. 18, 1988, p.3.
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