AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies & Personnel
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Indiana Supreme Court rejects constitutional
challenge to law enforcement immunity section of state's Tort Claims Act
State v. Rendleman, 603 N.E.2d 1333 (Ind 1992).
City's purchase of motor vehicle liability insurance covering negligent acts of employees waived sovereign immunity under Georgia law Ekarika v. City of East Point, 420 S.E.2d 391 (Ga App. 1992).
Police officers granted absolute immunity for perjury at criminal trial Briscoe v. Lahue, 103 S.Ct. 1108 (1983).
Uncertainty as to when an arrestee is entitled to a telephone call results in immunity to officer for denying call O'Hagan v. Soto , 725 F.2d 878, (2nd Cir. 1984).
Police officers, like all citizens, are immune from civil liability for perjury Williams v. Dykes, 317 S.E.2d 661 (Ga.App. 1984).
Louisiana federal appeals court allows absolute immunity for maliciously presenting evidence to clear police officer Morrison v. City of Baton Rouge, 761 F.2d 242 (5th Cir. 1985).
Officer immune, despite finding of battery Butler v. City of Detroit, 386 N.W.2d 645 (Mich.App. 1986).
Police officer not entitled to absolute immunity for withholding evidence Randle v. City and County of San Francisco, 230 Cal.Rptr. 901 (App. 1986).
Federal court allows defense of qualified immunity for "planting" evidence during officer's internal investigation Tomer v. Gates, 811 F 1240 (9th Cir. 1987).
Custody battle over children erupts at father's funeral; police may be entitled to qualified immunity for making arrests and taking children to police station Anderson v. City of Hopkins, 400 N.W.2d 350 (Minn. App. 1987).
City and officers could be liable for failure to take intoxicated person into protective custody Morse v. City of Mount Pleasant, 408 N.W.2d 541 (Mich App. 1987).
Invalidity of county's partial waiver of immunity statute, combined with non severability clause, resulted in recovery of full governmental immunity; immunity to operate retroactively Walker v. Prince George's County, 667 F.Supp. 1103 (D. Md 1987). and Scinto v. Kollman, 667 F.Supp. 1106 (D. Md 1987).
Police officer is absolutely immune from liability for allegedly perjured testimony in criminal pretrial hearing Holt v. Castaneda, 832 F.2d 123 (2d Cir. 1987).
Police officer entitled to qualified immunity, and FBI agents also not liable, for arrest with warrant of father for kidnapping own child Rykers v. Alford, 832 F.2d 895 (5th Cir. 1987).
Officers not liable for warrantless entry into home to arrest for misdemeanors; immune because law was not clearly established when they acted Bennett v. Coffman, 361 S.E.2d 465 (W.Va. 1987).
Reasonable officers must know that they cannot assist parent in obtaining custody of child without court order Smith v. Eley, 675 F.Supp. 1301 (D.Utah 1987).
Alabama Supreme Court holds that sheriff is entitled to immunity from civil liability under state law Parker v. Amerson, 519 So.2d 442 (Ala 1987).
Kansas Supreme Court refuses to allow Missouri sheriff to claim sovereign immunity for alleged negligent preparation of arrest warrant resulting in arrest in Kansas Head v. Platte County, 749 P.2d 6 (Kan 1988).
Officers entitled to absolute immunity for testimony at probable cause hearing but only qualified immunity for grand jury testimony White v. Frank, 680 F.Supp. 629 (S.D.N.Y. 1988).
" See also: False Arrest/Imprisonment: Warrant, False Arrest/Imprisonment: Unlawful Detention, Negligence: Vehicle Related.
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