AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of
Law Enforcement Agencies & Personnel
Defenses: Official Immunity
Police officers
had a non-discretionary duty under their department's pursuit policy to
discontinue the vehicular pursuit of a suspect whose identity was known,
in the absence of specified serious felonies, and were therefore not entitled
to official immunity under Minnesota law for failing to discontinue their
pursuit in a lawsuit brought by the widow of a pedestrian killed as a result
of the pursuit. Mumm v. Mornson, #A04-729, 708 N.W.2d 473 (Minn. 2006).
[N/R]
Minnesota police
officer was not entitled to official immunity under state law for the alleged
action of loading a shotgun with lethal ammunition which was then used
to shoot a suspect when he actually intended to load it with "less-lethal"
ammunition. His act of loading the weapon with less-lethal ammunition was
not an exercise of discretion or independent judgment, but rather a "ministerial"
act, so that he was not entitled to official immunity for his alleged negligence
in failing to do so properly. Brown v. City of Bloomington, No. A04-2221,
706 N.W.2d 519 (Minn. App. 2005). [N/R]
Officer was entitled to official immunity
under Georgia state law from liability for injuries to three passengers
and death of driver in vehicle struck by car fleeing from him during high-speed
pursuit. The officer's decision to engage in the chase was discretionary,
and there was no evidence that the officer went beyond the scope of that
discretion by any wrongful act or any intention to cause harm to the deceased
motorist or his passengers. Hanse v. Phillips, No. A05A0955, 623 S.E.2d
746 (Ga. App. 2005). [N/R]
Officer was entitled to official immunity
under Texas law from liability for injuries suffered by motorist whose
vehicle struck officer's car as the officer drove around other cars stopped
at an intersection during his response to a domestic violence call. The
officer was acting in good faith and within the scope of his duties. His
actions were reasonable in light of a report that the suspect was threatening
his wife or girlfriend and was going to shoot her. Johnson v. Campbell,
No. 06-04-00016-CV, 142 S.W.2d 592 (Tex. App. 2004). [N/R]
Deputy sheriff acted in good faith entitling
him to official immunity under Texas state law on claims for injury asserted
by mental patient he restrained and handcuffed for purposes of transport
to mental health facility. Hidalgo County v. Gonzalez, No. 13-03-00131-CV,
128 S.W.3d 788 (Tex. App. --Corpus Christi--2004). [N/R]
Alabama sheriff had Eleventh Amendment immunity
from federal civil rights lawsuit over alleged rape of burglary victim
by deputy sheriff dispatched to assist her, as he acted, under state law,
on behalf of the state, not the county. Sheriff also had absolute immunity
from state law official capacity claims and discretionary function immunity
from individual capacity claims for negligent hiring, supervision, or training
of the deputy, under state law. McClure v. Houston County, Alabama, 306
F. Supp. 2d 1160 (M.D. Ala. 2003). [N/R]
Commissioner of Minnesota state Department
of Public Safety was entitled to official immunity against lawsuit by disabled
individual claiming that fees which are charged for a disabled parking
permit violated a state disability discrimination statute. Podruch v. State
Department of Public Safety, No. A03-809, 674 N.W.2d 252 (Minn. App. 2004).
[N/R]
Police officers' decision to make a warrantless
arrest of an elementary school principal for allegedly obstructing an officer
by hindering an arrest of two students for fighting was a discretionary
action under Georgia law, entitling them to official immunity from liability
for false arrest, false imprisonment, or malicious prosecution, so long
as the plaintiff could produce no evidence that her arrest had been the
result of malice or an intent to injure her by the officers. Reed v. DeKalb
County, No. A03A1083, 589 S.E.2d 584 (Ga. App. 2003). [N/R]
Police officer was acting in good faith in
performing normal law enforcement duties in ticketing motorist in no-parking
zone and in accompanying "belligerent" motorist to his home to
retrieve his license, entitling him to official immunity from liability
for alleged negligently caused injury to motorist's wrist. Motorist fell
when officer pushed house door when motorist attempted to close it with
officer in the way. Cherqui v. Westheimer Street Festival Corp., No. 14-02-00731-CV,
116 S.W.3d 337 (Tex. App. 2003). [N/R]
Negligence claim against deputy sheriff arising
out of motor vehicle accident could not be dismissed on the basis of official
immunity when there was evidence from which the plaintiff motorist could
possibly show that at the time of the incident the deputy was engaged in
a personal errand or otherwise had departed from the scope of his official
duty. Ex parte Haralson, No. 1012071, 853 So. 2d 928 (Ala. 2003). [N/R]
Officer acted in good faith in keeping his
gun drawn while assisting another officer handcuff an arrestee following
a high-speed chase, entitling him to official immunity under Texas state
law for injuries arrestee suffered when the gun accidentally discharged.
Telthorster v. Tennell, #01-0074, 92 S.W.3d 457 (Tex. 2002). [2003 LR Apr]
Motorist's claim that he had been "threatened"
and sworn at, as well as "slammed" on the hood of a patrol car
in the course of a deputy's investigation of a report of shots being fired
was insufficient to show "actual malice" as required to set aside
the deputy's official immunity, and any "use" of the deputy's
car in connection with the investigation was insufficient to support a
waiver of sovereign immunity by the county. Use of profanity by police,
in the absence of epithets or words indicating personal bias, does not
show "actual malice." Tittle v. Corso, No. A02A0828, 569 S.E.2d
873 (Ga. App. 2002). [N/R]
Sheriff's office employees had official immunity
from liability for an alleged improper sale of property seized from an
art gallery in satisfaction of judgment, since they were performing actions
within the scope of their authority in good faith. County was also entitled
to sovereign immunity from alleged property owner's claim. Bowles v. Yeganeh,
No. 05-01-00937-CV, 84 S.W.2d 252 (Tex. App. 2002). [N/R]
Officer did not have official immunity under
Louisiana state law in a negligence lawsuit brought by an arrestee who
claimed that he was injured by the too-tight application of handcuffs.
The decision to apply the handcuffs did not involve policy matters, but
instead was "ministerial." Saine v. City of Scott, No. 2002-265,
819 So. 2d 496 (La. App. 2002). [N/R]
Texas police officer was engaged in
a discretionary action in pursuing a fleeing suspect, even though he was
ordered by a superior to give pursuit, when the manner of conducting the
pursuit was left to his discretion. Officer was therefore entitled to official
immunity as a defense to a lawsuit brought by an individual injured in
a collision with the pursued car. Clark v. University of Houston, No. 14-96-00005-CV,
60 S.W.3d 206 (Tex. App. 2001). [2002 LR Mar]
Off-duty police officer working as a private
security guard at a hotel was not entitled to assert public official immunity
from lawsuit for personal injuries filed by hotel guest struck by bullet
that officer fired during gun battle with two armed robbers in hotel lobby.
Genuine issue of material fact existed, however, as to whether officer
was acting as a private security guard and within the scope of his employment,
during the gun battle. Lovelace v. Anderson, No. 70, Sept. Term. 1999,
785 A.2d 726 (Md. 2001). [N/R]
347:168 Police chiefs were entitled to official
immunity on arrestee's negligent supervision claim; record showed that
prior complaints about officer who allegedly used excessive force against
plaintiff were investigated and the manner of supervising the officer involved
discretionary actions under Texas state law. Dovalina v. Nuno, #04-00-
00738-CV, 48 S.W.3d 279 (Tex. App. 2001).
345:138 Deputy working off-duty as store
security guard was acting as a law enforcement officer rather than a store
employee when he arrested a customer outside the store for allegedly disturbing
the peace; store was not liable for deputy's actions, and deputy was entitled
to official immunity from customer's false arrest/malicious prosecution
claims under Texas law. Larkin v. Johnson, No. 14-98- 00789-CV, 44 S.W.2d
188 (Tex. App. 2001).
344:122 Motor vehicle exception to governmental
immunity for negligence under Pennsylvania law applies to cars, but not
to bicycles; pedestrian struck by officer riding a bicycle on the sidewalk
in violation of a city ordinance could not sue city and officer for damages.
Harding v. City of Philadelphia, No. 2189 C.D. 2001, 777 A.2d 1249 (Pa.
Cmmw. 2001).
338:19 Officer was entitled to official immunity
against liability for malicious prosecution under Georgia state law for
obtaining arrest warrants, in the absence of any proof that he acted with
"actual malice" or intent to cause harm. Todd v. Kelly, No. A00A0712,
535 S.E.2d 540 (Ga. App. 2000). 337:12 Brief detention of residence occupants
during execution of proper search warrant was not unlawful; supervising
officer was entitled to official immunity under Georgia state law for discretionary
action in detaining occupants. White v. Traino, No. A00A0129, 535 S.E.2d
275 (Ga. App. 2000).
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).
297:136 Police officer was not entitled to
official immunity under Texas law from lawsuit brought by motorcyclist
injured in collision with her vehicle at intersection as officer answered
emergency call reporting officer shot and needing assistance; dispute about
whether officer had activated her lights and sirens raised issue about
whether officer acted in good faith Beatty v. Charles, 936 S.W.2d 28 (Tex.
App. 1996).
284:122 Pursuing a vehicle which had run
a stop sign was a discretionary act; deputy was entitled to official immunity,
under Georgia state law, for initiating and continuing pursuit and was
not individually liable for injuries resulting from his vehicle's collision
with another car during the pursuit Morgan v. Causey, 910 F.Supp. 651 (M.D.
Ga 1996).
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).
Officer's decision to handcuff arrestee behind
his back was a discretionary one, entitling officers and city to governmental
immunity, Nevada Supreme Court rules Maturi v. Las Vegas Metropolitan Police
Dept, 871 P.2d 932 (Nev 1994). Trooper who stopped motorist's car for alleged
speeding and failing to drive within a single lane was entitled to official
immunity under Texas law from motorist's lawsuit since he acted in good
faith and in the performance of his duty of enforcing traffic laws Edgar
v. Plummer, 845 S.W.2d 452 (Tex. App. 1993).
Officers who obtained and executed a search
warrant following an allegedly "incomplete or incompetent" investigation
were protected from liability by official immunity under Minnesota law,
since they did not act with "bad faith or malicious intent" Johnson
v. County of Dakota, 510 N.W.2d 237 (Minn. App. 1994).
Officer's choices of a route to take and
a speed to travel at in responding to call indicating another officer needed
assistance were "discretionary" acts entitling him to official
immunity from liability for collision with another motorist Bachmann v.
Welby, 860 S W 2d 31 (Mo App. 1993).
Highway patrol sergeant was entitled to immunity
under Tennessee law from liability for his discretionary function of directing
traffic at the scene of a fatal traffic accident Youngblood v. Clepper,
856 S.W.2d 405 (Tenn App. 1993).