AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Police Plaintiffs
Airline and airline
security provider did not breach any duty to protect police officer who
worked at airport baggage terminal when they allegedly failed to physically
inspect a passenger's checked bag containing unlabeled and unreported chemicals
which allegedly emitted smoke which injured officer when he opened bag
after it remained unclaimed at baggage area. Di Benedetto v. Pan Am World
Service, Inc., #03-7031, 359 F.3d 627 (2nd Cir. 2004). [N/R]
Police officer seeking to sue city for failing
to provide him with proper respiratory or protective equipment, causing
him to be injured by exposure to toxic substances in the course of his
work related to the rescue and recovery operations from the September 11,
2001 attack on the World Trade Center adequately showed a reasonable excuse
for his delay in filing the required notice of claim, and that the city
had knowledge of the essential facts of his claim given the circumstances
of destruction stemming from the attack, the well-publicized allegations
of toxic substances in the smoke and debris, and the similar health claims
made by many rescue workers. O'Halloran v. City of New York, 770 N.Y.S.2d
583 (Supreme Court, N.Y. County, 2003). [N/R]
Police officer's work conditions were "abnormal"
for purpose of a benefits recovery for psychic injury when credible gang
death threats were received by both the officer and his child. City of
Pittsburgh v. Logan, 810 A.2d 1185 (Pa. 2002). [N/R]
Bar owner held liable for $4.5 million to
injuries off-duty officer suffered from attack by patron when he went there
to celebrate his graduation from SWAT team training. Zelaya v. U.S. Euro
Micro Ventures, No. 00-32681(6), Miami-Dade County, Fla., Circuit Court,
Feb. 26, 2002, reported in The National Law Journal, p. B4, May 13, 2002.
[2002 LR Aug]
Transit authority could be sued under Federal
Employers' Liability Act (FELA), 45 U.S.C. Sec. 51, for injuries police
officer suffered while providing security for parking lot authority maintained
at railroad station. Greene v. Long Island Railroad Co., No. 00-9292, 280
F.3d 224 (2nd Cir. 2002). [N/R]
347:171 California officer burned by flung
hot fryer oil while breaking up a fight in restaurant kitchen is awarded
$1.2 million in damages against restaurant owners. Yamaguchi v. Chaiyut
Harnsmut, No. 305-476, (San Francisco County, Calif., Super. Court), reported
in The National Law Journal, p. B4 (July 30, 2001).
335:172 Motorist's meritless "police
brutality" lawsuit against officer, in which he tried to bribe witnesses
to give fabricated testimony, was deliberately intended to injure the officer;
debt arising from officer's lawsuit against the motorist for "vexatious
litigation" therefore could not be discharged in bankruptcy. Amaranto,
Debtor, In Re, 252 B.R. 595, 2000 Bankr. LEXIS 1029, 2000 WL 1285632, Bankr.
L. Rep. (CCH) P78,268 (Bankr. D. Conn. 2000).
333:133 Georgia notice of claims statute
only applied to claims that married couple arrested after school board
meeting had against the city, not to claims against individual city employees;
couple's counter-claim for alleged abusive litigation was improper in officer's
lawsuit against them for injuries, since it could only be brought after
the termination of the first lawsuit. Jacobs v. Littleton, Nos. A99A2014-A99A2016,
525 S.E.2d 433 (Ga. App. 1999).
279:44 No liability for sheriff's department
for injuries auxiliary deputy suffered when pushed by arrestee who another
deputy in command had not yet handcuffed. Johnson v. Bennett, 658 So.2d
712 (La App. 1995).
278:27 NY high court explains scope of "firefighter
rule" bar to recovery for negligence in suits brought by police or
firefighters in that state; no damages may be recovered when performance
of official duties increased the risk of injury. Zanghi v. Niagara Frontier
Transportation Commission, 85 NY2d 423, 626 N.Y.S.2d 23 (1995).
281:78 Police officer could not sue bar owner
for allegedly continuing to serve liquor to intoxicated man who ran at
officer with machete raised when officer responded to call stating that
there was a man at the bar "playing with a knife"; suit was barred,
under Rhode Island law, by "police officers' rule" defense Smith
v. Tully, 665 A.2d 1333 (RI 1995).
284:123 Estate of sheriff's deputy shot and
killed by suspect that deputy was attempting to arrest could sue city and
other officer based on claim that other officer's alleged violations of
state law and police department rules and regulations created additional
risks to those ordinarily faced by an officer arresting a suspect; these
claims, unlike negligence claims, were not barred by fireman's rule under
NY law Carlson v. City of Tonawanda, 635 N.Y.S.2d 365 (A.D. 1995).
287:172 Officer was improperly barred from
testifying as expert witness as to whether sheriff's alleged failure to
train deputies on proper retrieval and use of shotguns stored in locked
trunks of cruisers created unsafe working conditions; summary judgment
for defendant sheriff and county overturned in suit brought by deputy shot
by assailant while attempting to retrieve shotgun from trunk Gentry v.
Mangum, 466 S.E.2d 171 (W.Va. 1995). [Cross-References: Procedural: Evidence]
283:107 Police officer, hired by bank to
escort tellers with cash to drive-through booths, shot and killed during
robbery; surviving family receives $15 million settlement in inadequate
security lawsuit Bauer v. Kislak Nat'l Bank, Fla, Dade County Cir. Ct,
No 93-18655 CA 01, July 12, 1995, reported in 39 ATLA L Reptr 30 (Feb 1996).
285:141 Police officer injured in fall on
stairs while responding to burglar alarm at high school was properly awarded
$20,000 in damages by jury; North Carolina Supreme Court rules that premises
owners owe police officers a duty of reasonable care comparable to that
extended to those on the premises at their invitation Newton v. New Hanover
County Board of Education, 467 S.E.2d 58 (N.C. 1996).
278:28 Eight million dollar settlement in
suit against helicopter engine company by families of two officers who
died in helicopter crash when engine failed Champe v. Turbomeca Engine
Corp, 348142300-92, Dist. Ct., Tarrant Co, Texas, June 28, 1995, reported
in The Natl. Law Jour. p. A11 (Aug 14, 1995).
286:155 Nightclub which allegedly allowed
minors to become intoxicated on its premises was not liable for injuries
to police officer called to premises to quell disturbance who was struck
by a truck allegedly driven by intoxicated minors Mann v. Orrell, 912 S.W.2d
1 (Ark 1995). [Cross-reference: Police Plaintiff: Dram Shop]
281:77 Jury awards $150,000 in damages to
undercover police officers threatened, called racial epithets and allegedly
assaulted by apartment building security guards as they sat in vehicle
outside apartment building to investigate complaints that guards were falsely
arresting and detaining innocent people and planting evidence on them Griffin
v. Security Consultants Armed Express, Inc, No. SVC258107, San Bernardino
Superior Court, Aug 23, 1995, reported in Vol. 108 Los Ang. Daily Jour.
(Verd. & Stl.), pgs 4-5, Sept 22, 1995
267:45 Police officer could sue attorney
for defamation for recounting to the press details of complaint filed against
officer alleging excessive use of force; attorney was not entitled to absolute
privilege for restating information contained in public record complaint
document, but only to qualified privilege which is lost if statements are
made with malice Cappello v. Scott, 274 NJ Super 282, 644 A.2d 102 (1994).
270:93 Newspaper and its reporters could
not be held liable to officer for libel for publishing a report that he
had been "suspended" pending the investigation of a shooting
incident; statement was "substantially true," even if "administrative
leave" was the precise designation of the action taken Miller v. Journal-News,
620 N.Y.S.2d 500 (A.D. 1995).
274:156 NY police officer, allegedly injured
while pursuing arrestee who was attempting to escape custody, may sue arrestee
for damages under state law Baiamonte v. Buongiovanni, 615 N.Y.S.2d 415
(A.D. 1994).
271:106 Nevada Supreme Court rules that fireman's
rule did not bar officer, bit by dog while investigating burglar alarm,
from suing homeowner for negligence in failing to warn of presence of dog;
alarm company, however, had no duty under Nevada law, to warn officer Wiley
v. Redd, 885 P.2d 592 (Nev 1994).
274:156 Undercover vice officers could not
recover damages against television station which aired episode with their
faces "unblurred," despite agreement with show's producers that
their faces would be disguised Does I-VI v. KTNY-Channel 13, 863 F.Supp.
1259 (D.Nev 1994).
265:13 Officer standing by his patrol car
struck by vehicle driven by intoxicated motorist which then sped off awarded
$695 million in damages against motorist Sullins v. White, 32921 (Dist.
Ct., Hardin Co, Tex.), reported in The Natl. Law Jour., p. A15 (Aug 29,
1994).
NY state statute allowing officers to sue
the state for injuries in the line of duty caused by a person's violation
of a statute or ordinance applied retroactively and was not unconstitutional;
officers injured while attempting to apprehend an escaped mental patient
to recover damages against state Santangelo v. State, 601 N.Y.S.2d 305
(A.D. 1993).
NY police officer could recover negligence
damages against motorist whose vehicle injured him if motorist violated
any traffic law in doing so Malsky v. Towner, 601 N.Y.S.2d 310 (A.D. 1993).
Police officer who was injured when he came
to the assistance of hospital security guard being attacked by mental patient
could not sue security company for his injuries; fireman's rule barred
officer's suit Seibert Security Services, Inc v. Superior Court, 22 Cal.Rptr.2d
514 (A.D. 1993).
Convenience store had a duty to call police
for assistance when off-duty plainclothes officer was being assaulted in
its parking lot by three teenagers; Maryland high court rules that officer's
suit against store was not barred by "fireman's rule" Southland
Corp v. Griffith, 332 Md 704, 633 A.2d 84 (1993). Officer, cleared of allegations
of sexual misconduct after nine month internal investigation, receives
$21,000 settlement in suit against complainant for defamation Severance
v. Crossman, Wash, King County Super Ct, No 92-2-19712-0, Dec 1, 1993,
reported 37 ATLA L. Rep.226 (Aug 1994).
Police officer injured while using a battering
ram to break down an apartment door to arrest a suspected drug dealer could
not sue building owner for damages for failure to evict drug dealer in
the absence of proof of owner's knowledge of drug activities there Blickley
v. Sena, 603 N.Y.S.2d 309 (A.D. 1993).
Police officer injured in New York while
pursuing suspect into construction site could sue premises owners for damages
based on alleged violations of specific state statutes concerning the condition
of the premises Antico v. Richmond Housing Associates, 602 N.Y.S.2d 179
(A.D. 1993).
NY courts hold that "fireman's rule"
prevents injured officers from suing for damages for accidental shooting
by fellow officers, shooting by off-duty correctional officer that occurred
during street brawl, and being hit by passing vehicle at accident site;
court upholds, however, officer's ability to sue suspect who allegedly
assaulted her while she was trying to impound his vehicle for traffic violations
Damiani v. City of Buffalo, 603 N.Y.S.2d 1006 (A.D. 1993); Clark v. DeJohn,
603 N.Y.S.2d 1008 (A.D. 1993); Phalen v. Kane, 600 N.Y.S.2d 988 (A.D. 1993);
Morrisey v. County of Erie, 603 N.Y.S.2d 1009 (A.D. 1993).
NY high court rules that "fireman's
rule" bars officer's lawsuit against city for injuries suffered while
riding in a police vehicle responding to an emergency call, which collided
with another vehicle, allegedly because of fellow officer's "improper
driving" Cooper v. City of New York, 81 NY 2d 584, 601 N.Y.S.2d 432,
619 N.E.2d 369 (1993).
Missouri court holds that "fireman's
rule" applies to injury claims by police officers in that state, barring
negligence claims against parents of minors who shot at officers (and against
minors), but did not bar a claim for assault and battery Lambert v. Schaefer,
839 SW.2d 27 (Mo App. 1992).
City, which self-insured its police vehicles,
was not required, under Indiana law, to provide uninsured motorist coverage
for police officer injured in collision with motorist whose insurance company
was insolvent City of Gary v. Allstate Ins co, 598 N.E.2d 625 (Ind App.
1993).
Officers injured by assault while removing
intoxicated patrons from hotel awarded $6,500 against patrons; suit was
not barred by "professional rescuer" doctrine and also would
not have been barred by the "fireman's rule" Ballou v. Nelson,
834 P.2d 97 (Wash App. 1992).
"Fireman's rule" did not, in Maryland,
bar lawsuit by police officer against convenience store clerk for refusal
to summon assistance when officer was assaulted while trying to restore
order on store premises Griffith v. Southland Corporation, 94 Md App. 242,
617 A.2d 598 (1992).
New York appeals court overturns $819,766
award to officer injured in police vehicle driven by fellow officer; officer's
claim for injuries was barred by "fireman's rule" prohibiting
recovery for injuries caused by negligence during the performance of routine
police duties Cooper v. City of New York, 582 N.Y.S.2d 394 (A.D. 1992).
Settlement of lawsuit against officer was
not a termination "favorable" to him for purposes of his malicious
prosecution lawsuit against the plaintiff Villa v. Cole, 6 Cal.Rptr. 644
(Cal App. 1992).
"Fireman's rule" did not bar officer's
negligent action against building owner for injuries suffered when building
landing collapsed while officer was in the building in pursuit of a suspect
Ramos v. Doesn't Matter Realty Corp, 579 N.Y.S.2d 541 (Sup 1991).
Police officer engaged in high-speed chase
of speeding motorist had not assumed the risk of injury created by another
motorist's alleged negligence in making a left turn into the path of the
pursued vehicle; suit for injuries resulting when officer veered to avoid
collision was not barred Brown v. Harrington, 575 N.Y.S.2d 622 (A.D. 1990).
Pizza parlor was not liable to off-duty police
officer attacked by several alleged patrons when he attempted to stop one
of them from urinating in public Campbell v. Lorenzo's Pizza Parlor, Inc,
567 N.Y.S.2d 832 (A.D. 1991).
Fireman's rule, barring suits caused by negligence
to officers on premises pursuant to their official duties, did not bar
a lawsuit by an officer claiming intentional abuse aimed at him Wilde v.
Gilland, 473 N.W.2d 718 (Mich App. 1991).
Police officer injured in head-on collision
with pursued car could not sue state police of negligence in beginning
and continuing chase; "fireman's rule" barred his suit for foreseeable
injuries stemming from the performance of his duties McGhee v. State Police
Depaart, 459 N.W.2d 67 (Mich App. 1990).
Deputy injured while breaking up fight at
bar could sue bar owners for damages on the basis of chronic violence at
bar, its policy of ignoring that violence, and its repeated request for
police to serve as its security force; "firefighter's rule" did
not bar claim Adelsperger v. Riverboat, Inc, 573 So.2d 80 (Fla App. 1990).
Fireman's rule did not bar NH police officer's
lawsuit against minor who shot him, and minor's parents Migdal v. Stamp,
564 A.2d 826 (NH 1989).