Mental Examinations

AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies

Insurance

Three police officers sued a town on claims relating to their individual terminations. A federal appeals court held that the trial court erroneously concluded that each plaintiff’s claim arose out of the “same” wrongful act and, in the alternative, the meaning of “interrelated” was unambiguous, and that under that unambiguous meaning, the plaintiffs’ claims arose out of "interrelated" acts. Therefore, the town waived its governmental immunity for up to $1 million per plaintiff for damages (rather than $1 million altogether) resulting from the three wrongful terminations of the plaintiffs, subject to the $3 million Annual Aggregate Limit of the town's insurance policy. The appeals court panel also held that although the police chief was not a final policymaker of the town regarding the terminations, the town manager was a final policymaker. Therefore, his unconstitutional actions might fairly be characterized as actions of the town so that the town may be held liable to the plaintiffs for damages under 42 U.S.C. Section 1983. The appeals court also reversed the trial court's dismissal of the First Amendment claims against the town based on their having voiced concerns, prior to their termination, about the police chief’s conduct and management both to him and to the Governor’s office, resulting in an investigation of possible corruption in the Department. Finally, the trial court did not abuse its discretion in awarding one plaintiff 1.75 years of front pay. Hunter v. Town of Mocksville, #17-1374, 2018 U.S. App. Lexis 20829 (4th Cir.).