Civil Liability
of Law Enforcement Agencies & Personnel

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Public Protection

     Monthly Law Journal Article: Public Protection: Witnesses, 2009 (4) AELE Mo. L. J. 101.
     Monthly Law Journal Article: Public Protection: Informants, 2009 (5) AELE Mo. L. J. 101.
     Monthly Law Journal Article: Public Protection: Injured Crime and Accident Victims, 2009 (8) AELE Mo. L. J. 101.     
     Monthly Law Journal Article:
Public Protection: Arrestees, 2011 (2) AELE Mo. L. J. 101
     Monthly Law Journal Article: Disturbed/Suicidal Persons -- Part One, 2012 (2) AELE Mo. L. J. 101
     Monthly Law Journal Article: Disturbed/Suicidal Persons -- Part Two, 2012 (3) AELE Mo. L. J. 101.
     Monthly Law Journal Article: Public Protection: Intoxicated Persons, Part 1, 2013 (3) AELE Mo. L. J. 101.
     Monthly Law Journal Article: Public Protection: Intoxicated Persons, Part 2, 2013 (4) AELE Mo. L. J. 101.
     Monthly Law Journal Article: Public Protection - Part 1: The Physically Ill, 2013 (5) AELE Mo. L. J. 101.
     Monthly Law Journal Article: Public Protection: Part Two The Mentally Ill or Deranged, 2013 (6) AELE Mo. L. J. 101.
     Monthly Law Journal Article: Public Protection: 911 Phone Systems, 2014 (6) AELE Mo. L. J. 101.

     Monthly Law Journal Article: Public Protection: Civil Liability for Failure to Protect Minors, 2016 (8) AELE Mo. L. J. 101.

     Federal trial court declines to dismiss lawsuit against owners and those responsible for security for the World Trade Center (and airlines) for damages arising out of September 11, 2001 terrorist attack. Defendants had a duty to take reasonable security precautions in screening airline passengers, and in planning and implementing appropriate fire and security plans for World Trade Center. Failure to plan for foreseeable risks of harm, including terrorist attack, can be a basis of liability. In Re: September 11 Litigation, 21 MC 97 (AKH), 2003 U.S. Dist. Lexis 15522 (S.D.N.Y.). [2003 LR Dec]
     290:27 Arresting officer was not liable for motorist's suicide when told he was under arrest for driving while intoxicated; officer was entitled to official immunity, under Missouri state law, for failure to prevent motorist from using gun in his truck to shoot himself in the head; officer did not exhibit "deliberate indifference" for purposes of federal civil rights claim, when he had no reason to suspect that motorist was suicidal Miller v. Smith, 921 S.W.2d 39 (Mo App. 1996).
     291:36 Officers' alleged failure to provide medical attention to arrestee because he had earlier fled the scene of a vehicle accident in which others were injured could, if true, support a claim for deliberate indifference to his constitutional right to medical attention; officers were not entitled to qualified immunity as such right was clearly established law Nerren v. Livingston Police Department, 86 F.3d 469 (5th Cir. 1996).
     298:155 City and officers were not liable for rape of female arrestee by private person after she was released from police custody, allegedly in an impaired condition because of her use of alcohol and marijuana as well as prescription drug; no duty to protect her from private violence after release Bogle v. City of Warner Robins, 953 F.Supp. 1563 (M.D. Ga 1997).
     279:46 City liable for failure to provide adequate police protection to bar patrons shot by man who had previously threatened them and returned to bar after officers drove away; officers had assured threatened patrons that they would be protected Thomas v. City of Auburn, 629 N.Y.S.2d 585 (A.D. 1995).
     282:92 Police supervisory personnel were immune, under California state law, from monetary damage claims in suit brought by persons injured in "Rodney King" riots; California appeals court rejects state law claims in suit asserting that police officers were withdrawn from minority communities while "aggressively deployed" in other areas, leading to plaintiffs' injuries during disturbance Gates v. Superior Court (Hirata), 38 Cal.Rptr.2d 489 (Cal App. 1995).
     283:108 New Hampshire Supreme Court rules that law enforcement agency had no mandatory duty to notify parole officer of arrest of parolee on further charges when court before which arrestee was brought decided to release arrestee on personal recognizance; city was entitled to discretionary immunity in suit brought by husband of woman raped and murdered by parolee following arrest Goss v. City of Manchester, 669 A.2d 785 (NH 1995).
     283:109 Update: Federal appeals court upholds determination that an arrested rape victim had a clearly established right against officers acting with deliberate indifference to her serious medical needs; officers' appeal of denial of qualified immunity dismissed based on outstanding factual issue of whether arrestee had told them that she had been raped Carnell v. Grimm, 74 F.3d 977 (9th Cir. 1996).
     284:124 Sheriff was not liable for allegedly negligently releasing arrestee who then murdered married couple; no special relationship existed between sheriff and couple imposing a duty of protection, and "public duty doctrine" barred liability for either negligence or gross negligence under North Carolina law in the absence of such relationship Hedrick v. Rains, 466 S.E.2d 281 (N.C. App. 1996).
     287:173 City might be liable, under Massachusetts state law, for failure to provide police protection to liquor store manager shot the evening before he was scheduled to testify at grand jury against armed robbers; issue was whether police assurance of protection was "explicit and specific" enough for him to rely on Lawrence v. City of Cambridge, 422 Mass 406, 664 N.E.2d 1 (1996).
     287:174 State of Alaska found liable for almost $2 million for alleged negligent failure to prevent two prisoners from planning and carrying out, with help of outside confederates, mail bombing of house of informant who helped to convict them, resulting in death of his father and severe injuries to his mother; jury awards $1185 million in damages, but state's percentage of fault fixed at 12% Kerr v. Alaska, No 3AN-93-06531 (Super Ct, Anchorage, Alaska), The Natl. Law Jour., p. A11 (Feb 5, 1996).
     277:12 Officer had no duty to detain "slightly-inebriated" woman or watch over her until friend arrived to drive her home; no liability for assault on woman when she walked away from train station to which officer had transported her Selletti v. Port Washington Police District, 628 N.Y.S.2d 132 (A.D. 1995).
     277:12 Officers not liable for death of vehicle passenger in auto accident which occurred almost an hour after they ordered passenger and his companion to leave college campus premises; officers did not violate any clearly established right of passenger to protection against harm from later vehicle accident caused by companion's alleged intoxication Foy v. City of Berea, 58 F.3d 227 (6th Cir. 1995). [Cross-reference: Defenses: Qualified (Good-Faith). Immunity]
     286:156 County was not liable for injuries to motorist who followed county police officer's alleged instructions near scene of an accident on the highway; motorist's own testimony established that he did not rely on the officer's alleged conduct, so there was no "special relationship" created imposing a duty to provide protection Tammaro v. County of Suffolk, 638 N.Y.S.2d 121 (A.D. 1996).
     278:28 Officer who ordered female minor to leave park in back of truck because of impending curfew was not liable for minor's injury in subsequent vehicle accident Dutton v. City of Pacifica, 41 Cal.Rptr.2d 816 (Cal App. 1995).
     265:14 Municipality and its police department was not liable to motorists injured in accident caused when they swerved their vehicle to avoid a runaway horse; police owed motorists no "special duty" to capture and control horse, despite earlier efforts to do so, as motorists had not "relied" on these efforts to their detriment Meyer v. Heinemier, 609 N.Y.S.2d 353 (A.D. 1994).
     268:59 Allegation that officer declined to break into apartment to rescue minor girl from intruder who was raping her, despite her mother's pleas to do so, because he did not want to be liable for property damage stated claim against officer for willful and wanton negligence, intentional infliction of emotional distress, and gender discrimination Doe v. Calumet City, 161 Ill 2d 374, 641 N.E.2d 498 (1994).
     272:123 Update: $850,000 settlement in suit alleging that officers violated rights of naked 14-year-old Laotian youth found on the street and returned to the apartment of serial killer Jeffrey Dahmer, who killed the youth shortly thereafter Sinthasomphone, Estate of, v. Milwaukee, Wis, U.S. Dist. Ct. ED Wis, reported in Chicago Daily Law Bulletin, p. 3 (April 26, 1995).
     273:142 NY appellate court overturns $21,975 award to man assaulted exiting subway, who alleged that transit officers delayed taking him to hospital for an hour; crime victim himself did not initially request hospitalization, but instead left scene and later telephoned request for hospitalization Scannapieco v. NYC Transit Authority, 606 N.Y.S.2d 614 (A.D. 1994).
     269:75 Officer and park rangers were not liable for death of intoxicated man struck by vehicle on highway an hour and a half after they removed him from fairgrounds where he was acting "obnoxious," and released him ten blocks away Sellers v. Baer, 28 F.3d 895 (8th Cir. 1994), cert denied, 115 S.Ct. 739 (1995).
     269:76 Officers were entitled to qualified immunity for requiring intoxicated passenger in one vehicle to leave scene of accident in vehicle driven by another intoxicated person; court holds that there was no "clearly established" law entitling intoxicated passenger, not taken into custody, to protection by the police Chipman v. City of Florence, 858 F.Supp. 87 (E.D. Ky 1994).
     267:46 Indiana city was not liable for 911 police dispatcher's failure to immediately send ambulances to the scene of a burning house containing people, but instead only sending firefighting vehicles Mullin v. Municipal City of South Bend, 639 N.E.2d 278 (Ind 1994).
     272:123 Federal appeals court rules that a showing of negligence would be a sufficient legal basis for imposing civil liability, under 42 USC Sec 1986, on city and police officials for failure to attempt to prevent racial assaults by white bikers on interracial group based on allegation that defendants had "actual knowledge" of conspiracy to cause impending racial disturbance Clark v. Clabaugh, 20 F.3d 1290 (3rd Cir. 1994).
     271:108 $129 million settlement in federal civil rights suit alleging that deputies prevented other persons from entering the water in attempt to rescue a drowning child Ross v. Lake County, No 86C-5882, U.S. Dist. Ct., N.D. Ill., reported in Chicago Daily Law Bulletin, p. 3 (Jan 31, 1995).
     269:77 Officers were not liable for failing to confine woman whose husband feared she was suicidal, despite her later suicide attempt; state statute provided immunity for making decision as to whether to involuntarily confine person for mental illness treatment Perona v. Township of Mullica, 270 NJ Super 19, 636 A.2d 535 (NJ Super AD 1994).
     272:118 Texas Supreme Court rules that officers engaging in high speed pursuit of motorcycle which ran red light had a duty to drive carefully to prevent injury to passenger on back of motorcycle; adopts objective reasonableness/good-faith requirement for official immunity under state law; rules that officers' conduct did not "shock the conscience" and therefore that no federal civil rights claim was stated Lancaster, City of v. Chambers, 883 S.W.2d 650 (Tex. 1994).
     272:124 Sheriff's deputy had no duty to provide motorist with an escort to the hospital when she was transporting an injured man; sheriff not liable for subsequent injuries to vehicle passengers during accident on way to hospital Dubroc v. Allstate Insurance Co, 633 So.2d 861 (La App. 1994).
     Arresting officers were entitled to qualified immunity in suit alleging that they abandoned 15-year-old and 2-year-old children in vehicle after arresting motorist for a suspended driver's license; federal appeals court finds no clearly established right against such abandonment Walton v. City of Southfield, 995 F.2d 1331 (6th Cir. 1993).
     Officers and city were entitled to official immunity under Minnesota state law for response to 911 call reporting a man waving a gun and issuing threats; officers acted in good faith in responding to the call, even if the facts allegedly were not as reported in the call Leonzal v. Grogan, 516 N.W.2d 210 (Minn. App. 1994).
     City was not required to respond to 911 emergency call within a certain period of time; city had governmental immunity against suit for failure to respond promptly to call Fernandez v. City of El Paso, 876 S.W.2d 370 (Tex. App. 1994).
     City, police chief, and officer, were not liable for cab driver's rape and murder of female passenger, despite fact that they approved his application for taxi driver's license even though he had prior felony convictions; "public duty" doctrine barred liability in absence of "special duty" to murdered passenger Clark v. Red Bird Cab Co, 442 S E 2d 75 (N.C. App. 1994).
     Officer and city were not liable for fatal shooting of city bus driver by passenger; officer had no reason to know that driver was in immediate danger from armed passenger who had left the bus but was actually jogging after it Gragg v. City of Omaha, 20 F.3d 357 (8th Cir. 1994).
     Federal court rules that police officers did not violate clearly established constitutional rights by returning a naked 14-year-old Laotian youth found on the street to the apartment of serial killer Jeffrey Dahmer, who killed the youth shortly thereafter Sinthasomphone, Estate of, v. Milwaukee, Wis, 838 F.Supp. 1320 (E.D. Wis 1993).
     Evidence was sufficient to create a factual issue as to whether city or police officer assumed an affirmative duty to protect woman from her former boyfriend, who later killed her Zwart v. Town of Walkill, 596 N.Y.S.2d 557 (A.D. 1993).
     New Hampshire Supreme Court rules that "public duty" doctrine is no longer a permissible defense against claims of municipal negligence arising from a duty owed to the general public; no "special duty" or "special relationship" need be shown to impose liability for failure to protect a person against violence by a third party Doucette v. Town of Bristol, 635 A.2d 1387 (NH 1993).
     Sheriff's office liable for $250,000 to married couple injured in motor vehicle accident in intersection; deputy knew for two days that stop sign was down but failed to report it or take corrective action Tucker v. Pinder, 631 So.2d 735 (La App. 1994).
     Officer who arrested vehicle driver for alcohol-related driving offense had no duty to take intoxicated vehicle passenger into custody; no liability for injury to intoxicated passenger which occurred after officer left him at the scene of the arrest Holson v. State, 99 Md App. 411 637 A.2d 871 (1994).
     City was not liable when man arrested for firing gun returned home after his release and shot and killed the woman who had informed police of his actions Bergen v. City of New York, 607 N.Y.S.2d 62 (A.D. 1994).
     State and officers were not liable for failing to apprehend murder suspect who traveled to another state and murdered two security guards two days after prior killings Torres v. State, 862 P.2d 1238 (NM App. 1993).
     Officer investigating call reporting woman on bench in cold weather who appeared to be sick and in need of assistance was not liable for woman's later death from hypothermia when he left her there after erroneously determining that she was drunk Philadelphia, City of v. Estate of Dennis, 636 A.2d 240 (Pa/Cmwlth. 1993).
     Off-duty investigator for county sheriff's department had no duty to remove stray horse from road or warn oncoming traffic of animal's presence and county could not be held liable for motor vehicle's collision with the horse Hill v. Park County, 856 P.2d 456 (Wyo 1993).
     Sheriff's department could be sued for release of intoxicated arrestee without transportation in a high crime area where he was shot Hill v. York County Sheriff's Dept, 437 S.E.2d 179 (SC App. 1993).
     Officers were not liable for burglary of house by two men, including an informant; fact that they knew of the impending burglary before it happened did not make them liable for it when they did not plan or arrange the burglary, but merely received a tip that it would take place, and arrested the burglars as they exited the building McAlpin v. City of Decatur, 628 So.2d 611 (Ala 1993).
     City was not liable for attack on survivors of residential fire by man representing himself to be a Red Cross volunteer there to relocate survivors; police and firefighters on the scene did not have a "special relationship" with the survivors imposing a duty of protection Lorenzo v. City of New York, 596 N.Y.S.2d 450 (A.D. 1993).
     County could not be held liable for drive-by shooting of runaway female child because it failed to issue order for her arrest; Wisconsin appeals court overturns jury's award of damages to girl's mother Tobias v. County of Racine, 507 N.W.2d 340 (Wis App. 1993).
     Officers were not liable for death of intoxicated unconscious man they found on street and left there Rogers v. City of Port Huron, 833 F.Supp. 1212 (E.D. Mich 1993).
     Officers and county were not liable for failing to prevent woman's neighbor from stabbing her in her front yard in spite of her report of his earlier alleged threats; no duty to protect her existed when no explicit assurances of protection were provided Feise v. Cherokee County, 434 S.E.2d 551 (Ga App. 1993).
     Massachusetts appeals court orders new trial on claim that town should be liable for officer's failure to place intoxicated motorist in protective custody, allowing him to drive off and kill other motorists in subsequent vehicular accident Carleton v. Town of Framingham, 34 Mass App. Ct 686, 615 N.E.2d 588 (1993).
     West Virginia state statute which state police interpreted as preventing them from arresting strikers involved in "disruptive and unlawful" activity was preempted by federal labor law; police inaction violated employer's federally protected "rights to withstand a strike" Rum Creek Coal Sales, Inc v. Caperton, 971 F.2d 1148 (4th Cir. 1992).
     City liable for $728,000 for officers' failure to protect taxi driver from assault by off-duty officer after officers promised to do so; New trial ordered on $4 million pain and suffering award to plaintiff unless he agrees to reduction of that award to $2 million Julmis v. City of New York, 598 N.Y.S.2d 312 (A.D. 1993).
     Police officer not liable for failing to administer field sobriety test or arrest motorist for driving under the influence when he detected alcohol odor on his breath; officer's actions were not a proximate cause of subsequent accident when motorist consumed further liquor after traffic stop and accident took place over an hour later Brown v. Avery, 850 P.2d 612 (Wyo 1993).
     Officers had no duty to arrange for transportation for youthful passengers of vehicle seized and towed because no licensed driver was present; no liability for subsequent accident injuring passengers when they obtained a ride with a friend Hernandez v. City of San Jose, 17 Cal.Rptr.2d 589 (Cal App. 1993).
     Sexual assault victim could not sue city for failure to dispatch police car to her aid in response to calls for help from her sister-in-law; no special relationship existed when victim had not known police had promised her sister-in-law that they would send a car City of Rome v. Jordan, 426 S.E.2d 861 (Ga 1993).
     Demonstrater could sue officers for violation of federal civil rights on allegation that they conspired with "skinheads" to allow them to beat up demonstrators at rally where U.S. flag was burned Dwares v. City of New York, 985 F.2d 94 (2nd Cir. 1993).
     County and county department of corrections not liable for rape of woman and killing of her boyfriend by arrestee released on his own recognizance pending arraignment; recommendation for such release was protected by judicial immunity, and defendants did not have a duty to supervise arrestee which could be the basis of liability McKenna v. Edwards, 830 P.2d 385 (Wash App. 1992).
     County and sheriff not liable for death of courthouse hostage based on sheriff's alleged order that city SWAT and hostage negotiation teams leave; his replacement of them with county personnel not trained for SWAT or hostage negotiation duties did not violate any constitutional rights of hostage; no constitutional duty to have a SWAT team or trained hostage negotiators Salas v. Carpenter, 980 F.2d 299 (5th Cir. 1992).
     Federal appeals court holds that civil rights claim can be based on officers' arrest of sober driver and leaving of obviously drunk passenger in possession of vehicle when passenger subsequently drives vehicle and injures other motorists in collision Reed v. Gardner, 986 F.2d 1122 (7th Cir. 1993).
     Federal appeals court denies recovery in a wrongful death suit against the KCPD Child molester killed his victims after Kansas City (Mo). police telephoned him they planned to arrest him, and he should give himself up Court found no "special relationship" between the police and the victims Taylor v. Phelan, 9 F.3d 882 (10th Cir. 1993). {N/R}
     Georgia deputy owed a duty to the general public to arrest a visibly intoxicated driver rather than allow her to continue driving; suit against county and deputy by wife of man killed in collision with intoxicated driver reinstated Landis v. Rockdale County, 427 S.E.2d 286 (Ga App. 1992).
     Police officer was not negligent in leaving unprotected bus driver she had stopped while she made a phone call 30 feet away; federal judge disregards "advisory jury" negligence award of $506,71955 to estate of bus driver shot and killed by former bus passenger who had been struck by bus Gragg v. City of Omaha, 812 F.Supp. 991 (D.Neb 1993).
     City, police chief, and arresting officers were not liable for unforeseeable suicide of murder arrestee McDay v. City of Atlanta, 420 S.E.2d 75 (Ga App. 1992). ity and detective had a duty to protect a witness asked to testify in a murder prosecution against a suspect who had threatened witnesses in other pending investigations Wallace v. City of Los Angeles, 16 Cal.Rptr.2d 113 (Cal App. 1993).
     Police department and officers were not liable to parents of murdered kidnapped 12-year-old girl for delay in responding to deputy sheriff's request that officers be sent to residence where suspects were going with the girl Allen v. Anderson, 490 N.W.2d 848 (Iowa App. 1992).
     Officers who were not even present when boyfriend of murdered woman attacked arrestee could not be held liable for failure to protect arrestee, nor could officer who did try to intervene and keep assailant away from arrestee Van Pelt v. St Clair, 968 F.2d 763 (8th Cir. 1992).
     Officers who arrested a "designated driver" and allowed his intoxicated passengers to drive off on their own and into a fatal accident were not liable for damages; the driver, rather than the officers, placed the passengers in danger Gregory v. Rogers, 974 F.2d 1006 (8th Cir. 1992).
     Deputy sheriff was not liable for the death of two teenage motorists struck by a car driven by an intoxicated driver that he stopped, but did not arrest Coty v. Washoe County, 839 P.2d 97 (Nev 1992).
     County liable for $100,000 to mental patient injured when he jumped out of the car of a constable who was transporting him to a state mental hospital Sussex County, Delaware v. Morris, 610 A.2d 1354 (Del 1992).
     Officers had no duty, under Kansas law, to take an intoxicated youth without a jacket into protective custody in winter weather; no liability for youth's death from freezing to death after he left officers' presence Mills v. City of Overland Park, 837 P.2d 370 (Kan 1992).
     Deputy sheriff had a duty to render assistance to a motorist he saw being attacked by the driver of another vehicle Burdette v. marks, 421 S.E.2d 419 (Va 1992).
     City had no duty to provide police protection to grand jury witness after notification of threats on his life; mere status as a grand jury witness did not create a special relationship and city could no be held liable for witness's later killing Greene v. City of New York, 588 N.Y.S.2d 98 (Sup 1992).
     City and police department were not liable for murder of woman and male friend by former boyfriend, despite police officer's prior promise to woman to provide her with "special or extra watch" protection against boy fiend's threat to kill her Hawkeye Bank & Trust Co v. Spencer, 487 N.W.2d 94 (Iowa App. 1992).
     Family of 14-year-old boy found naked and beaten on the street could sue investigating officers and city for failure to provide protection to him, and instead delivering him back to custody of serial killer who later murdered him; both due process and equal protection claims adequately stated Sinthasomphone v. City of Milwaukee, 785 F.Supp. 1343 (E.D. Wis 1992).
     Georgia appeals court holds that municipality has a duty to use reasonable care to protect citizens against foreseeable criminal assaults; further proceedings ordered on whether officer was negligent in failing to dispatch police vehicle to woman's home where she was sexually assaulted after her sister telephoned police reporting an emergency Jordan v. City of Rome, 417 S.E.2d 730 (Ga App. 1992).
     City had a "special relationship" with witness to a crime who testified at grand jury; when officers learned of death threat to witness which she did not know of, they had a duty to inform her of the threat and provide police protection; court denies city's motion to dismiss suit brought by her estate against city over her subsequent shooting death Greene v. City of New York, 583 N.Y.S.2d 766 (Sup 1992).
     City was not liable for assault on Asian Indian which led to his death in absence of any evidence that arrest of different assailants who earlier attacked other Asian Indians would have prevented the later assault Mody v. City of Hoboken, 959 F.2d 461 (3rd Cir. 1992).
     Officers were not liable for one subway passenger's sudden assault on another while they were present; while an officer was physically restraining the assailant prior to the assault, there was no reason to anticipate that he would escape he officer's grasp and attack the other passenger Kilmetis v. NY City Transit Auth, 580 N.Y.S.2d 779 (A.D. 1992).
     Police were not liable for apparent suicide of 17-year-old boy used as informant in drug arrests who had received threats from arrestees Williamson v. City of Virginia Beach, Va, 786 F.Supp. 1238 (E.D. Va 1992).
     Sheriff and county were not liable for shooting of man in courthouse corridor by husband attending domestic relations hearing; exception to Colorado statutory sovereign immunity for "dangerous condition" of public buildings covered physical condition of building only and not negligent courthouse security Jenks v. Sullivan, 826 P.2d 825 (Colo 1992).
     Wife could not recover damages for emotional distress resulting from delay in response to 911 call she made concerning her husband's heart attack Hammond v. Central Lane Communications Center, 312 Or 17, 816 P.2d 593 (1991).
     Woman attacked on the street in the District of Columbia while going home from a film program at a theater could not recover damages from federal officials for failing to provide her with a "safe environment" Cebula v. Bush, 778 F.Supp. 567 (DDC 1991).
     Officers had no duty to take an intoxicated bar patron into custody in order to prevent him from driving; even if they had any duty to protect him, their action of taking away his car keys and giving them to his friend was adequate Persilver v. Louisiana Dept of Transportation, 592 So.2d 1344 (La App. 1991).
     Officers were not liable for death of arrestee who died from ingesting cocaine taken from his suitcase which officers placed beside him in the back seat of their squad car Weimer v. Schraeder, 952 F.2d 336 (10th Cir. 1991).
     Highway officer breached duty to motorist by failing to check on truck parked near freeway after agreeing to do so; State Dept of Public Safety liable for $115,000 for death of motorist in accident Monceaux v. Jennings Rice Drier, Inc, 590 so 2d 672 (La App. 1991).
     Officers did not violate clearly established law either by detaining vehicle passenger for 30 minutes while awaiting assistance or in leaving passenger alone at night beside highway without transportation after impounding vehicle and removing passenger's companions Courson v. McMillian, 939 F.2d 1479 (11th Cir. 1991).
     Town was not liable for burglary of store which occurred after its alarm system, connected to police department, went off and could not be reset; police dispatcher's response to store owner's request for additional patrols of store did not create a duty to provide protection Falzo v. Town of Colonie, 575 N.Y.S.2d 596 (A.D. 1991).
     Sheriff and county were not liable for shooting of man in courthouse; "dangerous condition" in public building exception to governmental immunity did not apply to failure to provide courthouse security Jenks v. Sullivan, 813 P.2d 800 (Colo App. 1991).
     Victim of shooting of California state fair could not sue state and state officials for failure to provide adequate police protection against anticipated gang violence at event Turner v. State, 284 Cal.Rptr. 349 (Cal App. 1991).
     Officers were not liable for injury to school principal allegedly caused by protester they asked her to let into the school Evan v. Morales, 775 F.Supp. 271 (N.D.Ill. 1991).
     Florida court overturns $23 million award to witness set on fire by probationer outside probation hearing she was subpoenaed to testify at; state had no duty to provide protection to witness State v. Powell, 586 So.2d 1180 (Fla App. 1991).
     Mother of mentally handicapped adult woman abducted, tortured and killed by serial murderer did not establish an equal protection claim against police department based on its missing persons policy which treated missing adults different than missing children Perkins v. City of Philadelphia, 766 F.Supp. 313 (E.D. Pa 1991).
     Officers who allegedly interfered with bystanders' attempt to render assistance to an intoxicated injured man had a duty to themselves provide care; estate of injured man, who later died, could bring wrongful death claim against officers Russell v. City of Columbia, 406 S.E.2d 338 (SC 1991).
     Officers had no duty to warn a female apartment resident who was later raped, about a prior sexual assault nearby, despite their knowledge that the assailant had fled into her apartment while she was away Denton v. City of Fullerton, 285 Cal rpt 297 (Cal App. 1991).
     Officers and city were not liable for failure to arrest intoxicated motorist in hospital who later drove away and injured a passenger in another vehicle Olguin v. City of Burley, 810 P.2d 255 (Idaho 1991).
     Officers not liable for failure to prevent juvenile detainee from climbing out of sixth floor police headquarters building and getting injured Colins v. Price, 813 S.W.2d 46 (Mo App. 1991).
     Alleged failure of police to detain or file criminal charges against assailants of individuals of Indian or Pakistani descent was sufficient basis for equal protection suit by estate of person of Indian descent later killed in one such assault Mody v. Cit of Hoboken, 758 F.Supp. 1027 (D.N.J. 1991). Officers had no duty to obtain medical care for victim of PCP drug overdose they placed in restraints in their vehicle Harris v. District of Columbia, 932 F.2d 10 (DC cir 1991).
     Intoxicated driver's own negligence in driving was a complete bar to a suit against city for officer's alleged negligence in failure to restrain him after learning that he was drunk Tyler v. City of Enterprise, 577 So.2d 876 (Ala 1991).
     Estate of motorists killed in collision with intoxicated driver can sue county for alleged negligence of deputy sheriffs in failing to enforce drunk driving and liquor control laws California First Bank v. State, 801 P.2d 646 (NM 1990).
     City had a duty to warn robbery victim/witness of accused robber's alleged plan to kill him; California immunity statutes did not bar suit against city for shooting of witness Carpenter v. City of Los Angeles, 281 Cal.Rptr. 500 (Cal App. 1991).
     County was not liable for alleged improper release from custody of intoxicated arrestee while he was still intoxicated, resulting in his death in auto accident Hill v. Franklin County, Ky, 757 F.Supp. 29 (E.D. Ky 1991).
     Intoxicated auto passengers had a due process right to be protected from harm when officer arrested their "designated driver" Gregory v. City of Rogers, Ark, 921 F.2d 750 (8th Cir. 1990).
     Officers did not have a special relationship with man killed by assailant in apartment after they searched it; no liability for decedent's death Hamill v. Town of Dewitt, 557 N.Y.S.2d 217 (A.D. 1990).
     Viable claim for civil rights violation was stated by motorist stopped for failing to place two-year-old in child restraint seat, whose daughter and granddaughter were left in vehicle in parking lot by officers who arrested her Walton v. City of Southfield, 748 F.Supp. 1214 (E.D. Mich 1990).
     Female victims of sexual assaults could not sue city officials and county prosecutor in civil rights suit for alleged failure to properly investigate and prosecute sex crimes Mayor v. City Council of Pocomoke City, 745 F.Supp. 1137 (D.Md 1990).
     Police department not liable to estate of heart attack victim for alleged failure to timely answer its "911" emergency line Lewis v. City of Indianapolis, 554 N.E.2d 13 (Ind App. 1990).
     Officers had no duty to assist restaurant patron they found bleeding and intoxicated after fight; plaintiff failed to show police manual imposed duty Russell v. City of Columbia, 390 S.E.2d 463 (SC App. 1989).
     City not liable to family of deceased woman for negligent failure to investigate "911" call when woman did not herself call "911" Merced v. City of New York, 75 NY 2d 798, 552 N.Y.S.2d 96 (1990).

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