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


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Defenses: Jurisdiction

      Plaintiffs filed a lawsuit in Nevada claiming that a Georgia police officer who searched them at a Georgia airport while working as a deputized DEA agent had seized a large quantity of cash from them. After they returned to their Nevada residence, he allegedly drafted a false probable cause affidavit in support of the forfeiture of the funds. No forfeiture action was ultimately taken. The U.S. Supreme Court ruled that the Nevada federal trial court could not exercise personal jurisdiction over the Georgia police officer, because he lacked "minimal contacts" with Nevada. Walden v. Fiore, #12-574, 188 L. Ed. 2d 12, 2014 U.S. Lexis 1635.
     Federal court did not have jurisdiction over lawsuit by car theft victim claiming that his vehicle was stolen by a theft ring operated by employees of the D.C. police department and that fraud was committed against him by the employees allegedly not entering his car's vehicle identification number into a stolen vehicle database. These claims, filed in federal court on the basis of diversity jurisdiction, require a showing that the amount at issue exceeds $75,000, but the value of the plaintiff's car was only $500, and an award of punitive damages of over $69,500 would be constitutionally excessive, making it clear that the amount at issue in the lawsuit was far less than the required amount. Hunter v. District of Columbia, No. CIV.A. 04-0303, 384 F. Supp. 2d 257 (D.D.C. 2005). [N/R]
     Father could pursue federal civil rights lawsuit seeking damages for city's alleged failure to notify him of a hearing at which his parental rights were terminated. Claim was not barred by "domestic relations" exception to federal court jurisdiction, since he was not seeking the restoration of his parental rights or any other domestic relations award. King v. Commissioner and New York City Police Department, No. 00-9234, 60 Fed. Appx. 873 (2nd Cir. 2003). [N/R]
     Virginia prison warden could not pursue, in Virginia federal court, defamation claims against Connecticut newspapers for publishing articles, also posted on their Internet sites, concerning Connecticut state policy of housing some prisoners in Virginia correctional facilities. No personal jurisdiction over defendants solely on the basis of the posting of the articles on the Internet when there was no intention to reach Virginia readers. Young v. New Haven Advocate, No. 01-2340, 315 F.3d 256 (4th Cir. 2002). [N/R]
     {N/R} Indian tribal court did not have jurisdiction over lawsuit brought against deputy, who was a nonmember of the tribe, for alleged misconduct on reservation property. County of Lewis v. Allen, #94-35979, 141 F.3d 1385 (9th Cir. 1998).

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