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


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Procedural: Separate Trials

     322:147 Jury properly awarded $1 in nominal damages and $20,000 in punitive damages (later reduced to $15,000) against officer who allegedly used excessive force against arrestee during booking process; trial court improperly dismissed claims against city following trial of claims against individual officers, since plaintiff could pursue city's liability even if he was barred from receiving anything more than $1 in damages against municipality. Amato v. City of Saratoga Springs, N.Y., #97-9623, 170 F.3d 311 (2nd Cir. 1999).
     310:148 Trial court erred in bifurcating trial on liability in excessive force lawsuit from trial on damages and in excluding, from liability phase, evidence on severity of plaintiff's alleged injuries; severity of plaintiff's injuries was relevant in determining whether excessive force was used at all. Martin v. Heideman, 106 F.3d 1308 (6th Cir. 1997).
     311:165 Separate trials were required in claims against officers and city when evidence of officers' alleged past misconduct would be admissible to prove claims against city, but inadmissible in claims against officers. Daniels v. Loizzo, 178 F.R.D. 46 (S.D.N.Y. 1998).
     280:53 Plaintiff's claims against police officer and against county should be tried separately when evidence of county's customs and policies, including past alleged incidents of police misconduct, would be prejudicial to officer's defense Dawson v. Prince George's County, 896 F.Supp. 537 (D.Md 1995). [Cross-references: Administrative Liability: Training, Supervision; Dogs]
     {N/R} Because of parties' agreement to bifurcate trial of claims against individual officers and city, the trial court properly refused to allow the plaintiff, during the trial of claims against the officers, to try to present evidence of other alleged incidents of police misconduct Watkins v. Schriver, 52 F.3d 769 (8th Cir. 1995).
     Court orders separate trials of civil rights claims against individual officers and claims against municipal entities, since vindication of individuals might make trial of claims against city unnecessary; individual offices were entitled to separate representation from that provided to the city Ricciuti v. NY City Transit Authority, 796 F.Supp. 84 (S.D.N.Y. 1992).

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