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


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Counterclaims

           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).
     Officer beaten by drunken driver suspect he stopped awarded $1,000 in actual damages and $175 million in punitive damages against attacker; attacker, now serving a life sentence for assaulting the officer, awarded nothing in his suit against bystander who shot him twice in the legs to assist the officer Whisenhunt v. Puentes, Tarrant County Cir. Court, Fort Worth, Tex, May 26, 1994, reported in Chicago Daily Law Bulletin, p. 2 (May 27, 1994).
     Officers' counterclaims for assault could be asserted as "set off" to plaintiffs' malicious prosecution action, even though time barred Gentile v. County of Suffolk, Officers' counterclaims for assault could be asserted as "set off" to plaintiffs' malicious prosecution action, even though time barred. Gentile v. County of Suffolk, 711 F.Supp. 724, 1989 U.S. Dist. Lexis 5273 (E.D.N.Y. 1989), (E.D.N.Y. 1989); {later affirmed on other grounds at 926 F.2d 142; 1991 U.S. App. Lexis 2262 (2nd Cir.). }.
     City, but not police officers, entitled to governmental immunity under North Carolina law for statements that man was cocaine dealer and insurance defrauder. Shuping v. Barber, 365 S.E.2d 712 (N.C. App. 1988).
     Officer awarded $20,000 on defamation counterclaim to arrestee's excessive force claim based on her false claims that she was raped or molested during the arrest Painter v. Harvey, 863 F.2d 329 (4th Cir. 1988).


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