AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies & Personnel
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court upholds dismissal of HIV positive person's lawsuit claiming that
police engaged in disability discrimination under federal and Florida state
law by allegedly refusing, after he was a victim of a crime, to investigate
it, and by denying him access to services after he reported the officers'
alleged refusal. Under state law, the decision to make an arrest was discretionary,
so that police were entitled to immunity on the state law claims for negligent
investigation, supervision and retention. A state statute mandating no
discrimination against HIV-infected individuals required written notice
of his claim, which the plaintiff failed to provide. The plaintiff failed
to adequately plead claims under either the Americans with Disabilities
Act (ADA) or the Rehabilitation Act of 1973. Albra v. City of Fort Lauderdale,
No. 06-14544, 2007 U.S. App. Lexis 9376 (11th Cir.).
268:51 Arrestee could sue arresting officer for releasing to others information that he was HIV positive, even though test results later turned out to be false ALA v. West Valley City, 26 F.3d 989 (10th Cir. 1994).
272:115 Confidential settlement in civil rights case brought against sheriff and county for sheriff's statement, on local radio show, that arrestee was an "active AIDS carrier," causing arrestee to have to leave town. Street v. Kirkham, U.S. Dist. Ct., SD Ind, No TH 93-179- C, Dec 27, 1994, reported in 38 ATLA L. Rep.142 (May 1995).
Officers violated the Fourth Amendment in their warrant less seizure for AIDS testing of blood of man arrested during "Gay Pride" parade who bit two officers Barlow v. Ground, 943 F.2d 1132 (9th Cir. 1991).
Officer liable for violating privacy rights by telling neighbors that arrestee had AIDS; municipality liable for failing to adequately train officers about AIDS Doe v. Borough of Barrington, 729 F.Supp. 376 (D.NJ 1990).
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