AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Police Plaintiff: Privacy
Television station's
broadcasting of the identity of two former undercover officers and their
undercover status while reporting on allegations that they were involved
in a sexual assault incident did not support claims for either invasion
of privacy or intentional infliction of emotional distress under New Mexico
state law. The officers were later cleared of any involvement in the sexual
assault. Alvarado v. KOB-TV, L.L.C., No. 06-2001, 2007 U.S. App. Lexis
16720 (10th Cir.).
The release of a
police officer's personnel file after a highly publicized traffic stop
could not be the basis of liability for the police chief and city manager
in his federal civil rights lawsuit. The release did not violate his constitutional
rights to privacy or due process, so the defendants were entitled to qualified
immunity. Additionally, the court finds that the officer's own "penchant"
for attention by the media led to the voluntary release of his personal
information into the public eye. Hall v. City of Cookeville, Tennessee,
No. 04-6133, 157 Fed. Appx. 809 (6th Cir. 2005). [N/R]
Police officers stated a claim against an
arrestee for violating a Massachusetts state statute prohibiting unconsented
to interception of wire and oral communications in alleging that he surreptitiously
made a tape recording of his arrest, transportation, and booking. Gouin
v. Gouin, No. CIV. A.2001-10890-RBC, 249 F. Supp. 2d 62 (D. Mass. 2003).
[N/R]
311:173 Release
of personnel files of undercover officers to criminal defense counsel,
which was done without court order, violated their constitutionally protected
privacy rights, risking the lives of the officers and their families, in
light of home addresses and other personal information contained in files;
officers entitled to damages and injunctive relief. Kallstrom v. City of
Columbus, #96-3853, (6th Cir. 1998), reh. en banc denied, 1998 U.S. App.
Lexis 10896.