AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of
Law Enforcement Agencies & Personnel
Governmental Liability: Policy/Custom
Man shot and injured
by police, supposedly as an innocent bystander to an undercover drug operation,
failed to show that the District of Columbia had tolerated a pattern of
excessive use of force by police officers, or that it had been deficient
in its investigations of use of force incidents. The District, therefore,
could not be held liable for the plaintiff's injuries. McKnight v. D.C.,
No. Civ.A.00-CV-2607, 412 F. Supp. 2d 127 (D.D.C. 2006). [N/R]
Because there were
genuine factual issues as to whether an officer acted intentionally in
delaying the processing of paperwork required before an arrestee could
be given his probable cause hearing, he was not entitled to summary judgment
in the arrestee's federal civil rights lawsuit. The city, however, could
not be liable for the officer's alleged actions, since there was no evidence
of a municipal policy or custom of such delays or of a pattern of tolerance
by the city of such delays. Smith v. Eggbrecht, No. 04-5302, 414 F. Supp.
2d 882 (W.D. Ark. 2005). [N/R]
County was not liable
for alleged murder of county sheriff-elect by defeated sheriff using department
personnel and resources because defeated sheriff was not a final policymaker
for the county under Georgia state law. The plaintiff, the widow of the
sheriff-elect, therefore could not recover $326,136,398 in compensatory
damages from the county. Jury also awarded $450 million in punitive damages
against former sheriff, former deputies, and other alleged co-conspirators.
Brown v. Dorsey, No. A05A1129, 625 S.E.2d 16 (Ga. App. 2005). [N/R]
County sheriff was not responsible for an
alleged illegal arrest arising from a fight between deputies and a deputy's
neighbors, when there was no claim that the deputies acting on the basis
of an official policy or custom. Adcock v. Baca, No. 05-11389, 157 Fed.
Appx. 118 (11th Cir. 2005). [N/R]
Because city policy possibly allowed the
use of dogs to catch and bite suspects without verbal warnings, summary
judgment was improper in excessive force lawsuit brought by homeless man
bitten by dog while lying on the floor in a shelter for public toilets.
Officer controlling dog, however, was entitled to qualified immunity. Szabla
v. City of Brooklyn Park, No. 04-2538, 2005 U.S. App. Lexis 26152 (8th
Cir.). [2006 LR Jan]
City policy that motorists claimed required
officers to arrest them for unlicensed operation of a car any time a Department
of Motor Vehicles (DMV) check showed a suspended license was not a violation
of the Fourth Amendment. The information gathered from the DMV, along with
the warnings included on state summonses provided probable cause for their
arrest. McGuire v. City of New York, No. 04-1287, 142 Fed. Appx. 1 (2nd
Cir. 2005). [N/R]
In a lawsuit concerning the strip-searching
of an adult and seven children during a warrant-based search of an apartment
for drugs, trial judge's reply to jury's question about municipal liability
was not erroneous. Jury's verdict for defendant city upheld on appeal.
Quiles v. Kilson, No. 05-1026, 2005 U.S. App. Lexis 22741 (1st Cir.). [2005
LR Dec]
Arrestee failed to show that any city policy
or custom contributed to the alleged use of excessive force against him
while in custody. City was entitled, therefore, to summary judgment. Niemyjski
v. City of Albuquerque, No. CIV. 03-1377, 379 F. Supp. 2d 1221 (D.N.M.
2005). [N/R]
Man arrested during officers' response to
domestic violence call failed to show that excessive force was used against
him. While officers allegedly hit him about the neck, shoulders, and wrist
with their nightsticks and wrestled him to the ground, the arrestee refused
to cooperate with the officers, fought with them, disarmed one of them,
and grabbed a second officer by the groin. Under these circumstances, the
amount of force used by the officers was not objectively unreasonable.
Plaintiff arrestee also failed to establish, as he claimed, that the city
had a "widespread practice" of abusing "men of color"
who dated white women. McLaurin v. New Rochelle Police Officers, #03 CIV.
10037, 373 F. Supp. 2d 385 (S.D.N.Y. 2005). [N/R]
Factual disputes concerning a traffic stop
barred summary judgment for deputy sheriffs who stopped motorist who claimed
that the stop was based on racial profiling rather than legitimate suspicion
of violation of traffic laws concerning speeding. Court finds no basis,
however, for claims against the county or sheriff as there was not a history
of alleged race-based traffic stops, and the deputies involved had been
trained to enforce laws without regard to race or ethnicity. Christopher
v. Nestlerode, No. CIV. A. 104CV0977, 373 F. Supp. 2d 503 (M.D. Pa. 2005).
[N/R]
Unwritten custom of allowing city police
investigators "unfettered discretion" in conducting their administrative
investigations into alleged police misconduct resulted in unconstitutional
strip searches of police officers during investigation of motorist's claim
that the officers stole from him during a traffic stop. Monistere v. City
of Memphis, No. 03-5412, 115 Fed. Appx. 845 (6th Cir. 2004). [N/R]
City could be liable for on-duty officer's
mistaken shooting and killing of an off-duty officer also responding to
a disturbance at a restaurant while out of uniform. Federal appeals court
finds sufficient evidence to send to a jury the question of whether the
city was deliberately indifferent to the risk of "friendly fire"
incidents by failing to provide adequate training on identification of
off-duty officers, in light of the risks of its "always armed/always
on-duty" policy. Young v. City of Providence, 404 F.3d 4 (1st Cir.
2005). [2005 LR Jun]
Police department and city could not be held
liable for officers' alleged unconstitutional actions in making an arrest,
in the absence of any showing that there was an official policy or custom
that caused the alleged constitutional deprivations. Grays v. City of New
Rochelle, No. 03 CIV.1356, 354 F. Supp. 2d 323 (S.D.N.Y. 2005). [N/R]
City was not liable for officer's shooting
of a man in his home through a kitchen door window when he thought the
man was threatening his wife with a gun. Plaintiffs failed to show a municipal
policy of condoning the excessive use of force, and an expert's opinion
that the city must have had such a policy simply because of the number
of excessive force lawsuits filed was inadequate to create a genuine factual
issue in the absence of any qualitative analysis of these past cases and
their similarity to the current one. Thomas v. Chattanooga, #03-6308, 2005
U.S. App. Lexis 2024 (6th Cir.). [2005 LR Apr]
City could not be held liable for police
officers' alleged actions of seizing and beating a robbery suspect without
justification merely on the basis that it was the officers' employer. Arrestee
failed to allege that any of the purported violations of his constitutional
rights were the result of the city's policies. Hales v. City of Montgomery,
Civil Action No. 03-M-593, 347 F. Supp. 2d 1167 (M.D. Ala. 2004). [N/R]
Even if Fourteenth Amendment did not directly
limit the actions of the District of Columbia against demonstrators protesting
against the policies of the World Bank, the International Monetary Fund,
and the U.S. government, because the District is not a "state,"
a complaint which alleged that D.C. officials and "other state or
local governments" conspired together or aided and abetted each other
in violating the demonstrators' Fourteenth Amendment rights was sufficient
to state a possible basis of recovery against the District, so that judgment
on the pleadings was inappropriate. Chang v. United States, No. CIV.A.
02-2010, 338 F. Supp. 2d 20 (D.D.C. 2004). [N/R]
Police officer's testimony that he had not
been trained concerning the use of force was not sufficient to hold the
city and police chief liable for other officers' alleged excessive use
of force resulting in a man's death. There was no showing that the alleged
failure to train the testifying officer was causally connected in any way
with the actions of the officers who allegedly used force against the decedent,
and no showing of a widespread pattern of similar incidents of alleged
misbehavior. Dabney v. City of Mexia, No. 04-50194, 113 Fed. Appx. 599
(5th Cir. 2004). [N/R]
City was not liable for police officer's
allegedly wrongful display of nude photographs of a female murder victim
to persons not involved in the investigation. There was no showing that
any official city policy or failure to adequately train officers caused
the disclosure. Donohue v. Hoey, No. 02-1405, 109 Fed. Appx. 340 (10th
Cir. 2004). [N/R]
Arrestees' claim that city had a policy of
issuing incomplete, false, and misleading receipts for property taken for
inventory purposes from them, and that this was intended to prevent or
delay the return of non-forfeitable property could be pursued in federal
court, since the deprivations allegedly did not stem from random and unauthorized
acts of city employees. Plaintiffs were not required to first exhaust all
state law remedies before pursuing procedural due process claims in court.
Their claims, however, could not be pursued under the Fourth Amendment,
since a Fourteenth Amendment due process claim provided an adequate avenue
to seek redress. The federal court also found that property owners cannot
state a claim under the Fifth Amendment for the taking of private property
for a public use without just compensation before pursuing available state
procedures for seeking compensation. Gates v. Towery, No. 04C2155, 331
F. Supp. 2d 666 (N.D. Ill. 2004).[N/R]
Plaintiffs failed to show that an official
city policy or custom of deliberate indifference to the need for training
of officers on the use of deadly force caused the death of a motorist shot
and killed by an officer during a pursuit of his vehicle. Genuine issues
of material fact as to whether the officer acted negligently, however,
barred summary judgment for the city in a Texas state law claim. Lopez-Rodriguez
v. City of Levelland, Texas, No. 03-10843, 100 Fed. Appx. 272 (5th Cir.
2004). [N/R]
Woman arrested for alleged violation of a domestic violence
protective order that she claimed she had not yet been served with could
not pursue federal civil rights claim against town when there was no assertion
that any official municipal policy had caused the arrest. The mere fact
that the magistrate who issued the warrant for her arrest, and the sheriff
who supervised the office which allegedly failed to serve her with the
protective order were both municipal employees did not alter the result.
Cole v. Summey, 329 F. Supp. 2d 391 (M.D.N.C. 2004). [N/R]
An arrestee's mere conclusory statement in
his federal civil rights complaint that a county was somehow involved in
the alleged unlawful use of a trespass form (forbidding the arrestee to
enter a Home Depot hardware store) by the local prosecutor and village
police officers to prosecute him was insufficient to impose municipal liability
on the county. No official policy or custom by the county was shown, and
a municipality and its agencies cannot be held liable under federal civil
rights statutes merely for the "isolated" allegedly unconstitutional
actions of its employees. Vineyard v. County of Nassau, 329 F. Supp. 2d
364 (E.D.N.Y. 2004). [N/R]
Federal appeals court, in case where estranged
husband took and murdered his three minor daughters, in violation of domestic
protection order, rules that such an order, when enforcement is required
by a state statute, creates a property interest protected by the due process
clause of the Fourteenth Amendment. Claims against city for failing to
enforce order are reinstated, but individual officers were entitled to
qualified immunity. Gonzales v. Castle Rock, #01-1053, 366 F.3d 1093 (10th
Cir. en banc, 2004). [2004 LR Sep]
County was entitled to summary judgment in
lawsuit by elderly woman claiming that members of multi-agency task force
improperly entered and searched her home looking for suspect who no longer
lived there, when no county policy or custom caused the actions. Individual
deputies involved in obtaining the address to go to or who accompanied
team members on the search, were entitled to qualified immunity, as their
actions did not violate plaintiff's rights. Johnson v. Deep East Texas
Regional Narcotics Trafficking Task Force, No. 03-40394, 2004 U.S. App.
Lexis 15493 (5th Cir.). [2004 LR Sep]
There was a genuine issue as to whether a
city had a policy allowing the use of riot guns with wooden baton rounds
before other less extreme means of crowd control were attempted, and whether
the city had ratified an officer's alleged direct firing of a "knee
knocker" wooden projectile at a student while attempting to disperse
a crowd of partygoers who had gathered on a street. Trial court therefore
denied summary judgment for the defendant city. Otero v. Wood, 316 F. Supp.
2d 612 (S.D. Ohio 2004). [N/R]
Sheriff did not act in a policy-making capacity
for the county when he allegedly engaged in statutory rape of mentally
handicapped female minor by using his police vehicle's lights and siren
to pull over vehicle in which she was a passenger. County, therefore, could
not be held liable, in federal civil rights lawsuit, for sheriff's actions.
Wooten v. Logan, No. 02-5753, 92 Fed. Appx. 143 (6th Cir. 2004). [N/R]
County sheriff could be held vicariously
liable for on-duty sexual assault by deputy if the complainant shows that
he was aided in committing the attack by his position as a law enforcement
officer. Doe v. Forrest, Vt., #2002-184, 2004 VT 37, 2004 Vt. Lexis 103
(2004). [2004 LR Jul]
City could not be held liable on the basis
of alleged conspiracy by individual police officers to violate his civil
rights in connection with his arrest on homicide charges, in the absence
of any evidence of a city policy that caused the alleged violations. Additionally,
officer had probable cause to arrest plaintiff based on eyewitness's identification
of him as the killer both from a photograph and in a lineup, particularly
in light of inconsistencies in suspect's explanation of his whereabouts
on the date of the crime. Brown v. City of New York, 306 F. Supp. 2d 473
(S.D.N.Y. 2004). [N/R]
Plaintiff failed to adequately allege that
an official city policy or custom was behind the alleged disposal of his
personal property, which was inside another person's car when it was impounded.
City therefore could not be held liable for violation of his due process
rights. Further, adequate state law remedies for retrieval of property
had been available to plaintiff. Jones v. City of St. Louis, 285 F. Supp.
2d 1212 (E.D. Mo. 2003). [N/R]
Arrestee's claim that city had a policy or custom
of condoning a "systemic practice" of racial profiling on individuals
with prior criminal records which resulted in his false arrest and imprisonment
was adequate to state a claim against the city for municipal liability.
Anderson v. County of Nassau, 297 F. Supp. 2d 540 (E.D.N.Y. 2004). [N/R]
The alleged failure to conduct an adequate
investigation of a single incident of police officers' purported excessive
use of force was insufficient to show the existence of a municipal policy
as required for governmental liability. Byrd v. District of Columbia, 297
F. Supp. 2d 136 (D.D.C. 2003). [N/R]
Federal appeals court reverses trial judge's
grant of summary judgment to city in lawsuit brought by female motorist
who claimed that police officer broke into her home and sexually assaulted
her after obtaining her home address from her driver's license during traffic
stop which might have been aimed solely at finding out where she lived.
Court speculates that Illinois Supreme Court might find that the officer,
because of his assertion of his official authority, acted within the scope
of his employment, triggering a duty, on the part of the city, to indemnify
the officer for any judgment against him. Doe v. City of Chicago, No. 03-2221,
2004 U.S. App. Lexis 3811 (7th Cir. 2004). [2004 LR Apr]
County was not liable for police officer's
shooting of suspect who had taken hostages in his car, even if he had his
hands up when he was shot, when the suspect and his accomplice were known
to be armed and the suspect allegedly quickly opened the car door and lunged
out so that the officer could not see his right hand at the time he fired.
County review board reasonably decided that officer's shooting did not
violate police department's use of force rules. Kanae v. Hodson, 294 F.
Supp. 2d 1179 (D. Hawaii 2003). [N/R]
Municipalities could not have the required
"criminal intent" needed to show a "pattern of racketeering
activity" under the Racketeer Influenced and Corrupt Organizations
Act (RICO), 18 U.S.C. Sec. 1961, et seq., and a plaintiff traffic flagging
service failed to show commission of predicate criminal acts by police
union presidents, so court orders dismissal of RICO lawsuit against municipalities
and presidents claiming that plaintiff lost contracts because of ordinances
giving law enforcement officers the exclusive right or right of first refusal
on contracts to provide traffic control services. Interstate Flagging,
Inc. v. Town of Darien, 283 F. Supp. 2d 641 (D. Conn. 2003). [N/R]
Plaintiffs failed to present evidence that
any city policy or custom was responsible for police detective's alleged
misconduct in illegally entering and searching their home, making an arrest
of one resident, and using excessive force in doing so, barring any federal
civil rights claim against the city. Griffin v. City of New York, 287 F.
Supp. 2d 392 (S.D.N.Y. 2003). [N/R]
An African-American lesbian failed to state a claim
against city based on alleged conspiracy by police officers to intimidate
her into refraining from filing a cross-complaint against her former lover
in a criminal trespass case. She claimed that a police detective she spoke
to made offensive remarks about lesbians and subsequently called her at
home to ask her out on a date. There was no showing that the alleged conduct,
even if it took place, happened as the result of any municipal policy or
custom discriminating against her on the basis of her gender or sexual
orientation. Smith v. City of New York, 290 F. Supp. 2d 317 (E.D.N.Y. 2003).
[N/R]
Police dog's biting of bystander rather than
pursued car theft suspect was not the result of any municipal policy or
custom. No liability for city for alleged violation of bystander's federal
civil rights. Roddy v. Canine Officer, 293 F. Supp. 2d 906 (S.D. Ind. 2003).
[N/R]
Federal trial court declines to certify class
action on behalf of former arrestees in homicide cases who were detained,
never charged, and then released. In case claiming that city has a long-standing
policy of making arrests without probable cause in homicide cases, court
finds that proposed class did not meet the requirement that questions of
law or fact common to members of the class predominate over issues affecting
only individual members or that a class action is a superior method for
the fair and efficient resolving of the claims. Abby v. City of Detroit,
218 F.R.D. 544 (E.D. Mich. 2003). [N/R]
African-American hospital patient's alleged
unlawful detention by deputy sheriffs for psychiatric evaluation after
she purportedly became "unruly" in hospital emergency room while
awaiting treatment was not caused by any county policy of inadequate training
on "diversity" or "communication skills, barring claims
for governmental liability. Harvey v. Alameda County Medical Center, 280
F. Supp. 2d 960 (N.D. Cal. 2003). [N/R]
Plaintiff in lawsuit alleging physical assault
by unnamed sheriff's deputies failed to allege any facts sufficient to
show a "pattern or practice" of such action by deputies sufficient
to impose municipal liability. No other instances of such actions were
alleged. Yates v. Unidentified Parties, No. 02-31224, 73 Fed. Appx. 19
(5th Cir. 2003). [N/R]
Plaintiff in lawsuit alleging physical assault
by unnamed sheriff's deputies failed to allege any facts sufficient to
show a "pattern or practice" of such action by deputies sufficient
to impose municipal liability. No other instances of such actions were
alleged. Yates v. Unidentified Parties, No. 02-31224, 73 Fed. Appx. 19
(5th Cir. 2003). [N/R]
Man arrested by mistake during investigation
of theft of water from a city fire hydrant failed to show that his arrest
was caused by any city policy or custom. Federal appeals court overturns
jury award of $1 in nominal damages and in excess of $90,000 in attorneys'
fees and costs. Zuniga v. City of Midwest City, No. 02-6076, 68 Fed. Appx.
160 (10th Cir. 2003). [2003 LR Nov]
Owner of food distribution business failed
to present allegations sufficient to establish a claim that an allegedly
unlawful warrantless search of the business was caused by a police department
policy or custom, as required for municipal liability, when the complaint
failed to point to anything other than the search at issue. Chin v. City
of Baltimore, 241 F. Supp. 2d 546 (D. Md. 2003). [N/R]
Failure to show that alleged false arrest
and excessive use of force by deputies was caused by policies or customs
of sheriff's office amounting to inadequate training and supervision precluded
claims for liability against the sheriff in his official capacity. The
sheriff could also not be held liable personally when he played no personal
role in the incidents at issue. Seegars v. Adcox, 258 F. Supp. 2d 1370
(S.D. Ga. 2002). [N/R]
Owner of food distribution business failed
to present allegations sufficient to establish a claim that an allegedly
unlawful warrantless search of the business was caused by a police department
policy or custom, as required for municipal liability, when the complaint
failed to point to anything other than the search at issue. Chin v. City
of Baltimore, 241 F. Supp. 2d 546 (D. Md. 2003). [N/R]
Failure to show that alleged false arrest
and excessive use of force by deputies was caused by policies or customs
of sheriff's office amounting to inadequate training and supervision precluded
claims for liability against the sheriff in his official capacity. The
sheriff could also not be held liable personally when he played no personal
role in the incidents at issue. Seegars v. Adcox, 258 F. Supp. 2d 1370
(S.D. Ga. 2002). [N/R]
Town's failure to adopt a policy or procedure
to make sure that exculpatory material concerning arrestees was transmitted
from police officers to prosecutors could potentially be the basis for
federal civil rights liability. Murvin v. Jennings, 259 F. Supp. 2d 180
(D. Conn. 2003). [2003 LR Sep]
City could not be held vicariously liable
for its officers' alleged negligence in failing to get positive identification
from persons who impersonated the plaintiff, even if this later resulted
in his mistaken arrest and detention for the actions of these impersonators.
There was no showing of an official municipal policy or custom which caused
this to happen. Sanchez v. City of Albuquerque, No. 02-2107, 65 Fed. Appx.
2241 (10th Cir. 2003). [N/R]
City and supervisory personnel could not
be held vicariously liable for officers' actions in allegedly improperly
conducting a rape and assault investigation, resulting in the plaintiff's
wrongful conviction when there was no evidence that the city and police
chief actually had a policy or custom which caused the officers' actions.
Alexander v. City of South Bend, 256 F. Supp. 2d 865 (N.D. Ind. 2003).
[N/R]
Municipality could not be held liable for
officers' alleged improper searching of the trunk of a motorist's car during
a stop without his consent or any other sufficient legal reason to do so,
in the absence of any evidence showing that official policies, customs,
or practices of the village caused the actions. Warner v. Village of Goshen
Police Dept., 256 F. Supp. 2d 171 (S.D.N.Y. 2003). [N/R]
City's policy of providing training on the
most likely situations and problems that could arise in the use of police
dogs against arrestees was adequate, and not a basis for imposing liability
on the city for injuries arrestee suffered from being bitten by dog. Holiday
v. City of Kalamazoo, No. 4:01-CV-161, 255 F. Supp. 2d 732 (W.D. Mich.
2003). [2003 LR Aug]
Officer's conduct in allowing a dog to continue
to bite an arrestee until the suspect raised his hands as the officer ordered
did not constitute excessive force, despite the fact that the suspect was
in his underwear. Suspect's conduct in running away "inexplicably"
from a minor traffic stop gave the officer reasons to be concerned for
his and other officers' safety. Officers were entitled to qualified immunity
on failure to give a verbal warning prior to using the dog, but appeals
court does hold that they should have given a warning, and that claims
against the city could be pursued for failure to require such warnings.
Kuha v. City of Minnetonka, No. 02-1081, 328 F.3d 427 (8th Cir. 2003).
[2003 LR Aug]
Federal appeals court overturns jury award
of damages to three bystanders detained by police during search of commercial
building by police under search warrant and of damages to building owner
for property damage during search. City could not be liable to bystanders,
as there was no showing that there was a municipal policy or custom of
detaining innocent bystanders to searches for an unreasonably long period
of time. Damage done to building during search, which amounted to less
than $500, did not amount to a "taking" for purposes of the Fifth
Amendment, and building owner had no reasonable expectation that the building
would remain free of legal searches. Two-hour deprivation of access to
the building could not be the basis for a claim for damages either. Jones
v. Philadelphia Police Department, No. 01-4202, 57 Fed. Appx. 939 (3rd
Cir. 2003). [N/R]
Georgia Supreme Court holds that, under state
law, a parent of an adult child murdered by his surviving spouse can pursue
a wrongful death claim against the alleged murderer or against "other
parties" that proximately caused the death, answering a question certified
to it by the U.S. Court of Appeals for the Eleventh Circuit in a case where
the murdered son's mother asserted state wrongful death claims against
the wife, a police chief, and the city. The claims against the city and
police chief were based on the fact that the alleged murderer was a police
captain who had previously attempted suicide. The police chief had ordered
her to remove all weapons from her home, but did not relieve her of her
duties, and she used her service revolver to shoot and kill her husband.
Carringer v. Rodgers, No. SO2Q1483, 578 S.E.2d 841 (Ga. 2003). [N/R]
Federal appeals court upholds award of $1
in nominal damages and $7,428 in attorneys' fees against city which allegedly
took no action and began no investigation of woman's complaints to police
chief and mayor that a police officer with whom she had broken off an affair
was harassing her and stalking her while on the job and in uniform. Attorneys'
fee award, court states, should put police departments and cities "on
notice" that they cannot simply ignore such complaints. Murray v.
City of Onawa, Iowa, No. 02-2626, 323 F.3d 616 (8th Cir. 2003). [2003 LR
Jul]
Insufficient evidence existed to show a "custom"
of burglaries by police officers, so that claims against city for liability
for officers' burglary of plaintiff's home were appropriate. There was
also no showing that city policymakers had shown deliberate indifference
to the need to properly train and supervise police officers. Hernandez
v. Borough of Palisades Park Police Department, No. 02-2210, 58 Fed. Appx.
909 (3rd Cir. 2003). [N/R]
Officers were entitled to qualified immunity
for arresting a man during a valid investigatory stop for refusing to identify
himself, charging him with interference with official acts. The issue of
the legality of such an arrest was not clearly established, and the federal
appeals courts are split on the issue, and the U.S. Supreme Court, in Kolender
v. Lawson, 461 U.S. 352 (1983), expressly declined to decide whether an
arrest for refusing to give one's name to the police violates the Fourth
Amendment. Shepard v. Ripperger, No. 02-1939, 57 Fed. Appx. 270 (8th Cir.
2003). [N/R]
Homeowners who contend that the search warrant
used to enter their home described a distinctly different residence could
pursue their claim for municipal liability. Their allegations that three
of the officers involved in the search had previously been named as defendants
in other civil suits as a result of raiding the wrong house and that they
were then given no additional training, if true, was sufficient to allow
an inference that the city was deliberately indifferent to such incidents.
Smith v. City of Detroit, 238 F. Supp. 2d 896 (E.D. Mich. 2003). [N/R]
Homeowners who contend that the search warrant
used to enter their home described a distinctly different residence could
pursue their claim for municipal liability. Their allegations that three
of the officers involved in the search had previously been named as defendants
in other civil suits as a result of raiding the wrong house and that they
were then given no additional training, if true, was sufficient to allow
an inference that the city was deliberately indifferent to such incidents.
Smith v. City of Detroit, 238 F. Supp. 2d 896 (E.D. Mich. 2003). [N/R]
Federal statute protecting the privacy of
driver's license records creates a private cause of action imposing vicarious
liability on municipalities if employees or agents violate it with "apparent
authority," federal trial court rules. Possible plaintiffs include
not only the driver, but also other family members sharing the same address
who might be subjected to stalking or harassment. Margan v. Niles, 2003
U.S. Dist. Lexis 3971 (N.D.N.Y.). [2003 LR May]
Brain-damaged motorist who claimed that a
police officer used excessive force against him in arresting him on suspicion
of driving while intoxicated failed to establish a pattern of the use of
excessive force against disabled suspects or inadequate training sufficient
to support a claim against the municipality. Officers were trained on how
to deal with persons with physical and mental disabilities and an explicit
policy prohibited the excessive use of force. Pahle v. Colebrookdale Township,
227 F. Supp. 2ed 361 (E.D.Pa. 2002). [N/R]
Man arrested and held for 12 days on arrest
warrants intended for his twin brother sufficiently alleged that city warrant
procedures constituted a "policy" for purposes of a federal civil
rights due process claim against the municipality. Evidence in the case
included testimony by the police chief that he was the chief policymaker
for the city and was aware that the arrest of the wrong person under a
warrant was "not uncommon" and was "particularly acute"
for twins, yet he had not established any internal procedures to attempt
to remedy this problem. Fairley v. Luman, #99-56483, 281 F.3d 913 (9th
Cir. 2002). [N/R]
Police officers were not individually liable and
were entitled to qualified immunity for allegedly increasing a shooting
victim's risk of death by transporting him to a hospital in a police vehicle
rather than waiting for an ambulance. Officers did not create the danger
to the shooting victim or act with deliberate indifference for his safety.
City was also not responsible, in the absence of a showing that it had
failed to properly train the officers or had a policy which deprived the
shooting victim of his rights. Hansberry v. City of Philadelphia, 232 F.
Supp. 2d 404 (E.D. Pa. 2002). [2003 LR Apr]
Indian tribe should be treated as a municipality
for purposes of a federal civil rights lawsuit by a newspaper reporter
claiming that his federal constitutional rights were violated by his arrest
and removal from tribal land by tribal police officers. Tribe could not
be held liable under 42 U.S.C. Sec. 1983 in the absence of any claim that
a tribal policy or custom caused the alleged injuries. Tribal police officer
was entitled to qualified immunity for arresting reporter based on his
refusal to leave meeting room after a request by the chairman of the tribal
executive committee that he do so. Armstrong v. Mille Lacs County Sheriffs
Department, 228 F. Supp. 2d 972 (D. Minn. 2002). [N/R]
County could not be held liable for officer's
alleged unlawful handcuffing and strip searching of plaintiffs in their
home when the plaintiffs failed to establish their case against the officer.
Summary judgment was therefore entered for the county. Robertson v. Prince
George's County, 215 F. Supp. 2d 664 (D. Md. 2002).[N/R]
Homeowner waived her claim for municipal
liability for alleged unreasonable search of her home when her appeals
court brief merely stated that she "expressly preserves" that
claim without specific and distinct arguments as to how the city was responsible.
Jones v. William, #00-56929, 41 Fed. Appx. 964 (9th Cir. 2002). [N/R]
Arrestee could not establish city's liability
for purported illegal search in which his pants were unbuckled and allowed
to drop, when there was no evidence that the only officer the plaintiff
identified participated in or was even aware of the purported search. Moody
v. City of Lewiston, 213 F. Supp. 2d 1 (D. Me. 2002). [N/R]
Arrestee could not sue sheriff for liability
for alleged assault by officer on the basis of failure to train and supervise,
in the absence of any evidence of more than the single incident at issue.
Zentner v. Dunbar, 205 F. Supp. 2d 924 (N.D. Ill. 2002). [N/R]
Police chief's policy-making role and personal
involvement in the execution of search warrants against five students suspected
of planning an armed assault at a high school was sufficient to state a
claim against the city for violation of federal civil rights. Smith v.
Barber, 195 F. Supp. 2d 1264 (D. Kan. 2002). [2002 LR Oct]
Sheriff's policy, far from causing an unlawful
arrest of the plaintiff on charges of impersonating an officer and selling
alarm systems without a license, was a "textbook example" of
proper arrest procedure, with the sheriff instructing his deputy to consult
with a prosecutor as to whether the elements of the offenses appeared to
be present and then, if so, obtain an arrest warrant from a magistrate.
Deputy was also entitled to qualified immunity, and subsequent dismissal
of charges against arrestee did not alter the result. Gantt v. Whitaker,
203 F. Supp. 2d 503 (M.D.N.C. 2002). [2002 LR Sep]
Plaintiff's claim that officer struck him
with a police car, beat him with a night stick while he was handcuffed,
and smacked his face on the side of the car while placing him in it, even
if true, did not state a claim for federal civil rights liability against
the city when there was no allegation of a governmental policy or custom
which caused the alleged harm. The plaintiff's claim was also time-barred
under Kentucky's one-year statute of limitations, since that statute began
to run on the date of the arrest, and he filed his lawsuit more than one
year later. Watson v. Baxter, #01-5971, 35 Fed. Appx. 118 (6th Cir. 2002).
[N/R]
Police officer's claim that state law enforcement
agency imposed a "ticket quota" policy, even if true, did not
violate the officer's equal protection or due process constitutional rights
and did not violate the Constitution's "Privileges and Immunities"
clause. Officer had no standing to assert the Fourth Amendment rights of
those who might be "illegally searched or seized" solely because
of the alleged policy's existence. Gravitte v. North Carolina Division
of Motor Vehicles, #01-1718, 33 Fed. Appx. 45 (4th Cir. 2002). [2002
LR Aug]
Georgia sheriff was the county's final policymaker
in relation to his law enforcement duties, including the maintenance and
recall of criminal warrants, and acted on behalf of the county rather than
the state, so that the county could be held liable for his actions. Summary
judgment for the county by trial court reversed on appeal. Grech v. Clayton
County, Georgia, #01-13151, 288 F.3d 1277 (11th Cir. 2002). [N/R]
A county's failure to keep records of oral
complaints made against police officers did not constitute a persistent
and widespread practice or custom of authorizing or encouraging police
misconduct where the county did maintain a formal procedure for receiving
written complaints and kept records of those. Gardner v. Hill, 195 F. Supp.
2d 832 (E.D. Tex. 2001). [N/R]
Virginia state statute, Virginia Code Sec.
46.2-930, prohibiting loitering on bridges, being used to prevent anti-abortion
protesters from gathering there, was unconstitutionally vague, providing
inadequate notice of what conduct was prohibited, but city was not liable
for damages under 42 U.S.C. Sec. 1983, as plaintiffs failed to show that
any deprivation of their rights was caused by an official municipal policy
or custom. Lytle v. Doyle, No. 299CV1366, 197 F. Supp. 2d 481 (E.D. Va.
2001) [N/R]
County sheriff was not liable for violation
of civil rights on the basis of enforcement of a state court order for
replevin (possession) of property (employer's records in the possession
of a former employee) in the absence of any claim that the sheriff participated
individually in the action or that the seizure was conducted pursuant to
any official policy or custom. Buzzanco v. Lord Corporation, 173 F. Supp.
2d 376 (W.D. Pa. 2001). [N/R]
Plaintiff failed to show sufficient evidence
of a city custom to impose liability for excessive use of force when only
a single incident of use of such force was shown. A newspaper article reporting
that 87 people a year filed complaints against the police department did
not show how many of these complaints alleged the use of excessive force.
Ward v. City of Des Moines, 184 F. Supp. 2d 892 (S.D. Iowa 2002). [N/R]
Officers were not entitled to summary judgment
on claim that they detained a shopping mall customer on suspicion of shoplifting
without reasonable grounds to do so, but plaintiff customer failed to adequately
allege a claim against the city for failure to train officers in arresting,
detaining, and interrogating racial and ethnic minorities by citing only
this incident in which officers allegedly subjected him to illegal seizure.
Hall v. City of White Plains, 185 F. Supp. 2d 293 (S.D.N.Y. 2002). [2002
LR Jun]
Arrestee stated a claim against county for
sheriff's alleged policy of handcuffing all arrestees which he claimed
was instituted with deliberate indifference to consequences such as his
fall down a stairway following which he was injured. Jackson v. Sheriff
of Ellis County, Texas, 154 F. Supp. 2d 917 (N.D. Text. 2001). [N/R]
Plaintiff did not show that the city had
a custom or policy that caused the deprivation of his due process rights
to his property in the absence of a pattern of similar incidents in which
property seized during searches was not returned after it was determined
that it had no connection to any crime. The fact that construction equipment
was seized from two residences and that criminal charges related to the
seizures were later both dropped did not show such a pattern when both
searches were conducted on the same day by the same officer. Brown v. Knapp,
156 F. Supp. 2d 732 (N.D. Ill. 2001). [N/R]
Single incident of alleged excessive use
of force by officers while making arrest did not show that the county had
a policy or widespread custom of excessive use of force. Plaintiff's own
statement concerning a single prior incident involving him, and his assertion
that the county officers "have a reputation" for excessive use
of force was insufficient to assert a claim. Williams v. Prince George's
County, Md., No. Civ. A DKC 2000-184, 157 F. Supp. 2d 596 (D. Md. 2001).
[N/R]
Arresting officer's testimony that he was
subsequently fired from his job for not writing enough tickets, even if
true, was not "closely related" to plaintiff arrestee's claim
that the city had an official policy or custom of using excessive force
against arrestees or of ignoring citizen complaints about policy. Plaintiff's
own statement that the mayor "was aware" of police officer's
alleged "reign of terror" because he was the mayor, was insufficient
to allow claims against the city to proceed. Outlaw v. Nasworthy, No. A01A0199,
551 N.E.2d 785 (Ga. App. 2001). [N/R]
City policy of allowing police officers to
substitute the fact that a "citizen's arrest" has been made for
probable cause to arrest was unconstitutional. Corcoran v. Fletcher, no.
98-5817, 160 F. Supp. 2d 1085 (C.D. Cal. 2001). [2002 LR Feb]
Police department was not liable for
officer's actions in going to his ex-wife's residence, while on vacation
and intoxicated, shooting into the house, and then taking ex-wife's new
husband and his own children hostage. Plaintiffs did not show that there
was a city policy of ignoring complaints concerning domestic violence by
officers. Hansell v. City of Atlantic City, Civ. A. No. 96-CV-5957, 152
F. Supp. 2d 589 (D.N.J. 2001). [2002 LR Jan]
Single act of alleged excessive force by
police officers is insufficient to impose liability upon a county since
it does not show the existence of a county policy, practice or custom.
Vincent v. Prince George's County, Md., 157 F. Supp. 2d 588 (D. Md. 2001).
[N/R]
347:171 Man shot by confidential informant
with gun allegedly borrowed from police officer could sue officer on "state-created-danger"
theory; officer was not entitled to qualified immunity; city was not liable,
however, as no policy or customer of inadequate storage of evidence (including
the gun) was shown, and no policy of inadequate training. McClendon v.
City of Columbia, No. 00-60256, 258 F.3d 432 (5th Cir. 2001).
345:137 Pedestrian stopped and searched by
village police officers stated a claim against the municipality based on
officers' and police chief's purported statements to her that there was
a village policy of searching anyone who could not produce identification.
Steinbrecher v. Oswego Police Officer Dickey, 138 F. Supp. 2d 1103 (N.D.
Ill. 2001).
343:103 City could not be held liable for
deaths of motorists killed in a collision with a pursued car, regardless
of the constitutionality of the city's policies, training and supervision
on high-speed pursuits, when individual officers involved in the chase
did not violate the decedents' constitutional rights. Trigalet v. City
of Tulsa, Okl., #98- 5261, 239 F.3d 1150 (10th Cir. 2001).
347:174 Tennessee Supreme Court rules that
a city or county could be vicariously liable for an officer's actions alleged
to violate a state "hate crimes" statute, without requiring a
showing of an official municipal policy or custom. Washington v. Robertson
County, #M1999-01332- SC-R23-CV, 29 S.W.3d 466 (Tenn. 2000).
342:87 City could not be held liable for
alleged assault on man sitting on park bench by unidentified person claiming
to be a police officer, when plaintiff was completely unable to substantiate
his claim that it was indeed a police officer employed by the city who
assaulted him. Saltz v. City of New York, 126 F. Supp. 2d 657 (S.D.N.Y.
2000).
341:73 City liable for $400,000 to motorist
shot by off-duty Colorado officer; department adopted a policy requiring
officers to always be on duty and always be armed, but provided no training
on how to handle police response when off-duty, and without police vehicle,
uniform, or radio. Brown v. Gray, No. 99-1134, 227 F.3d 1278 (10th Cir.
2000).
341:70 County was not liable for alleged
failure to allow mother of children to contest county's obtaining of permanent
custody of her children, when there was no showing that it was a county
policy or custom to deny parents a hearing; county social worker who allegedly
failed to notify state court that mother wanted to assert her parental
rights, however, was not entitled to absolute immunity, as she was not
a "legal advocate" or prosecutor in the case. Holloway v. Brush,
No. 96-3732, 220 F.3d 767 (6th Cir. 2000).
341:67 County liable for $767,302 in damages
and $77,500 in attorneys' fees to arrestee injured by untrained deputy
sheriff during arrest; appeals court upholds liability on the basis of
failure to train; plaintiff also awarded $20,000 in punitive damages against
deputy. Brown v. Bryan County, OK., No. 98-40877, 219 F.3d 450 (5th Cir.
2000).
339:44 Officer's use of racial slurs to four
black men during investigatory stop of their vehicle was insufficient to
show that the town had a policy or custom of racial hostility towards blacks;
there was also no showing of inadequate training or supervision where officer
was suspended for his actions and required to undergo cultural sensitivity
training. Polite v. Town of Clarkstown, 120 F. Supp. 2d 381 (S.D.N.Y. 2000).
338:28 Broad generalizations that drug addicts
are "prone to steal," contained in affidavit for a search warrant,
were insufficient to provide probable cause for the search and seizure
of methadone clinic patient records during investigation of theft from
nearby jewelry store; no showing, however, that county policy or custom
caused search. Doe v. Broderick, Nos. 99-1893, 99-1894, 225 F.3d 440 (4th
Cir. 2000).
337:13 City was liable for strip search of
female arrestee in custody for violation of municipal code provision prohibiting
possession of an unlicensed dog, since neither the arresting officer nor
the matron who conducted the search suspected that she possessed weapons
or other contraband. Huck v. City of Newburgh, 712 N.Y.S.2d 149 (A.D. 2000).
337:7 Federal trial court rules that a California
sheriff is a county official rather than state official and therefore could
be sued in his official capacity for damages under 42 U.S.C. Sec. 1983
on claim that he had a policy or custom which encouraged deputies to "violate
the civil rights of women"; lawsuit based on deputy's alleged rape
of woman in her home, where he came to investigate domestic violence complaint,
could proceed. Roe v. County of Lake, 107 F. Supp. 2d 1146 (N.D. Cal. 2000).
333:137 Georgia county sheriff's action in
arresting, for assault, his wife's co-worker, who had a verbal confrontation
with her, was not county policy since the county had no say in how he performed
his duties. Sheriff, however, was not entitled to qualified immunity, since
no reasonable officer could have thought the mere verbal confrontation
constituted a criminal assault. Fletcher v. Screven County, Georgia, 92
F.Supp. 2d 1377 (S.D. Ga. 2000).
335:165 Prosecutor's statements to a newspaper
following murder suspect's acquittal could not be the basis for a defamation
lawsuit under California state law since they only expressed opinions protected
under the First Amendment and could not be interpreted as statements of
facts; even if defamatory, they could not be the basis for a federal civil
rights lawsuit; prosecutor was a state, not county, official for purposes
of a wrongful prosecution claim. Weiner v. San Diego County, #98-55752,
210 F.3d 1025 (9th Cir. 2000).
330:91 Sufficient evidence existed for a
jury to be able to conclude that an "informal" New York City
policy existed of driving street artists out of the community; trial court
denies city summary judgment in lawsuit brought by artist arrested three
times while protesting application of licensing ordinance to artists who
sold their work on the street. Lederman v. Adams, 45 F.Supp. 2d 259 (S.D.N.Y.
1999).
325:9 Arrestee could not seek to impose liability
on city for alleged policy of failure to supervise and discipline officers
for misuse of pepper spray when the evidence showed that city trained officers
in its use, required them to report its use in a form reviewed by supervisors,
and plaintiff himself failed to file any complaint with the department
about its use against him. Horrington v. City of Detroit, 49 F.Supp. 2d
1022 (E.D. Mich. 1999).
326:19 Mere conclusion in complaint that
officials inadequately supervised officers and prosecutors was insufficient
to state a civil rights claim, absent any concrete evidence of this; alleged
town policy of deliberate indifference to the rights of the public could
not be based on a single incident. Altman v. Kelly, 36 F.Supp. 2d 433 (D.
Mass. 1999).
326:20 Police officers did not violate dog
owner's property rights when they shot and killed her pit bull, which had
just bitten a woman and was coming towards them and ambulance attendants
in a menacing manner; city did not act with deliberate indifference to
plaintiff's rights by limiting training to situations involving mad dogs
with rabies. Hooper v. City of Detroit, 50 F.Supp. 2d 689 (E.D. Mich. 1999).
327:39 Officer was legally justified in shooting
and killing a man advancing towards two officers with a knife held to his
own throat who had previously stabbing his brother; the fact that he posed
a threat to the officers rendered irrelevant any evidence of possible alternate
strategies officers might have used prior to that point, or evidence concerning
the officer's past disciplinary records or city use of force policy. Yellowback
v. City of Sioux Falls, #20719, 600 N.W.2d 554 (S.D. 1999).
327:40 Bare allegation that individual officer's
purported misconduct conformed to official city policy was sufficient to
allow federal civil rights claim against city to proceed. Golden v. City
of Chicago, 187 F.R.D. 567 (N.D. Ill. 1999).
327:40 Florida statute, allowing sheriff
to appoint deputies with the "same power" as the sheriff had,
failed to make a deputy a final policymaker for the county in making several
arrests. Brown v. Neumann, 98-5722, 188 F.3d 1289 (11th Cir. 1999).
329:71 Arrests and threatened arrests of
anti- abortion protesters on highway overpass for alleged violation of
a state statute prohibiting "loitering" violated their First
Amendment rights as overpass was similar to a public street and therefore
a public forum; officer was entitled to qualified immunity, however, as
he relied on the constitutionality of the statute, acted on the orders
of his supervisor, and believed that the protesters represented a hazard
to traffic safety; no showing of official policy or custom as required
for municipal liability. Lyttle v. Brewer, 77 F.Supp. 2d 730 (E.D. Va.
1999).
329:73 City was entitled to summary judgment
on claims that it inadequately trained and supervised two officers where
the plaintiffs presented no evidence of any municipal policy or custom
allowing unlawful dwelling entry or the use of excessive force during arrests.
Brown v. Shaner, #97-4406, 172 F.3d 927 (6th Cir. 1999).
330:90 City was entitled to summary judgment
on arrestee's excessive force inadequate training/discipline claims when
he stated, in response to discovery request, that he did not intend to
rely on prior incidents of the alleged use of excessive force; further
discovery was not warranted before ruling on city's motion for summary
judgment when plaintiff did not explain why he had not sought such information
before. Nicholson v. Doe, 186 F.R.D. 134 (N.D.N.Y. 1999).
322:156 City's alleged policy of allowing
off-duty officers not to attend the trials of those they arrest while moonlighting
as private security stated claim for an unconstitutional policy. Sturm
v. Ross, 11 F.Supp. 2d 942 (S.D. Tex. 1998).
{N/R} Mere speculation that city and its
officers was involved in fabricating evidence and conspiring to deny constitutional
rights, without specific evidence, was an insufficient basis to try to
hold city liable under federal civil rights law. City was not liable for
officer's arrest of man for public intoxication. Couch v. City of Sheffield,
708 So. 2d 144 (Ala. 1998)
322:147 Jury properly awarded $1 in nominal
damages and $20,000 in punitive damages (later reduced to $15,000) against
officer who allegedly used excessive force against arrestee during booking
process; trial court improperly dismissed claims against city following
trial of claims against individual officers, since plaintiff could pursue
city's liability even if he was barred from receiving anything more than
$1 in damages against municipality. Amato v. City of Saratoga Springs,
N.Y., #97-9623, 170 F.3d 311 (2nd Cir. 1999).
321:138 City could not be liable for alleged
failure to adequately train, supervise, and discipline an officer who shot
an arrestee when officer's actions in shooting arrestee, who had come towards
him brandishing a screwdriver, were objectively reasonable; municipal liability
must be based on policy causing a violation of plaintiff's rights. Henderson
v. Municipality of Cool Valley, 17 F.Supp. 2d 1044 (E.D. Mo. 1998).
320:119 Officers were not entitled to qualified
immunity for failure to make forced entry into woman's apartment after
she made 9-1-1 call reporting her husband's attempt to murder her. Didzerekis
v. Stewart, 41 F.Supp.2d 840 (N.D. Ill. 1999).
320:118 Federal appeals court rules that
giving domestic violence 9-1-1 calls lower priority than other 9-1-1 calls
may constitute an equal protection claim; finds that trial court did not
adequately explore whether such a policy existed or whether it was rationally
based. Fajardo v. County of Los Angeles, #96-55699, 179 F.3d 698 (9th Cir.
1999).
319:109 Officer who allegedly raped female
motorist he followed home after stopping her for traffic offense liable
for $100,000 in damages; officer acted "under color of law,"
constituting civil rights violation; city and police chief were not liable,
absent any showing of an official policy or custom. Rogers v. City of Little
Rock, #97-2286, 97-2556, 152 F.3d 790 (8th Cir. 1998).
318:91 City was not liable for death of arrestee
caused by cocaine poisoning after he swallowed drugs officers were attempting
to get him to expel from his mouth; officers' use of Heimlich maneuver
and pepper spray were not unreasonable under the circumstances; no deliberate
indifference or inadequate training on the part of the city was shown.
Singleton v. City of Newburgh, 1 F.Supp. 2d 306 (S.D.N.Y. 1998).
318:90 City liable for $200,000 and county
for $375,000 to arrestee based on city and county policies of declining
all cross-complaints in criminal cases; arrestee contended that he, rather
than neighbors with whom he had altercation, was arrested and prosecuted
simply because neighbors were the first to phone and complain; federal
appeals court rules that "first-come first-served" policy on
criminal complaints was irrational and a violation of equal protection.
Myers v. County of Orange, #97-9055 & 97- 9093, 157 F.3d 66 (2nd Cir.
1998).
317:67 City could not be held liable for
inadequate training or supervision concerning arrests for disorderly conduct
or proper use of handcuffs when plaintiff failed to show a record of prior
incidents which would indicate deliberate indifference to a known problem.
Gold v. City of Miami, #96-5395, 151 F.3d 1346 (11th Cir. 1998).
316:59 While employer had a right to fire
a counselor who reported the rape of a resident of a group home to the
district attorney, county could be held liable for assistant county administrator's
alleged instruction to employer (who provided services to the county) to
fire employee in retaliation. Hennessy v. Santiago, 708 A.2d 1269 (Pa.
Super. 1998).
316:58 California sheriffs are state officials
rather than county policymakers, so California county could not be liable
for sheriff's policies regarding release of prisoners from county jail
which allegedly resulted in detainee who posted bail being kept in custody
on warrant which sheriff's personnel knew or should have known did not
apply to her. County of Los Angeles v. Superior Court, 80 Cal.Rptr.2d 860
(Cal. App. 1998).
315:35 County policy of handcuffing all arrestees
was "inherently reasonable" in light of possible risks of not
doing so; handcuffing arrestee suffering from asthma was not excessive
force. Limbert v. Twin Falls County, 955 P.2d 1123 (Idaho App. 1998).
314:27 Off-duty intoxicated deputy's action
of shooting and killing man in barroom brawl was unforeseeable; county
could not be held liable for failure to warn deputies against carrying
firearms while intoxicated; county's policy prohibiting deputies from being
"drunk and disorderly" in public was sufficient. Huffman v. County
of Los Angeles, #s. 97-55175, 97-55230, 97-55341, 147 F.3d 1054 (9th Cir.
1998).
313:11 Allegation of corrupt activity by
police chief and officer, standing alone, could not be basis for imposition
of liability on city for inadequate training. Jacobs v. City of Port Neches,
7 F.Supp. 2d 829 (E.D. Tex. 1998).
310:153 Alleged municipal policy of encouraging
officers to make arrests by awarding them "productivity points"
could not be the basis of municipal liability in federal civil rights claim
alleging excessive force; plaintiff did not allege any relationship between
policy and the use of excessive force. DuFour-Dowell v. Cogger, 980 F.Supp.
955 (N.D.Ill. 1997).
310:153 Police department could not be liable
for officer's alleged misconduct during interrogation of arrestee, in absence
of any claim that officer acted pursuant to a departmental policy or custom;
mere fact that department was officer's employer was not enough for federal
civil rights liability. Torres v. Knapich, 966 F.Supp. 194 (S.D.N.Y. 1997).
309:135 District of Columbia had a clear
policy of requiring officers to report other officer's use of excessive
force while making arrests; plaintiff arrestee who claimed that this was
disregarded in his case could not impose liability on District in absence
of showing a pattern of disregard for the policy and a failure of the District
to take appropriate action. Gregory v. District of Columbia, 957 F.Supp.
299 (D.D.C. 1997).
306:88 City could not be sued for officer's
alleged arrest of man for public drunkenness without probable cause, when
no policy or custom was shown and city provided proper training on the
need for probable cause for arrest; isolated incidents of "rudeness"
by officers in the past could not be linked together to show a policy of
arresting without probable cause. Fulton v. City of Roswell, 982 F.Supp.
1472 (N.D.Ga. 1997).
304:56 Homeowners could sue city and officers
for losing all physical evidence relating to theft of $96,000 from an ice
chest buried under their home, including the ice chest; claim stated for
denial of access to courts to file civil lawsuit to recover stolen money
from alleged thief. Harrell v. City of Jacksonville, 976 F.Supp. 777 (C.D.
Ill. 1997).
303:41 City not liable for shooting by officer
cooperating with internal investigation of fellow officer who called him
a "rat"; no showing that alleged policy of inadequate training
or supervision of such cooperators caused the incident. Morrissey v. City
of New York, 963 F.Supp. 270 (S.D.N.Y. 1997).
303:40 City could not be held liable for
alleged false arrest of murder suspect when plaintiff could not point to
any policy or custom causing a violation of his rights; police commander's
general statement that officers' actions were consistent with department
policies and practices was not an admission of a policy causing harm. Lester
v. City of Chicago, 950 F.Supp. 870 (N.D.Ill. 1997).
303:39 Officer's use of force was objectively
reasonable when he shot and killed disturbed man armed with a knife and
pot of hot grease when he believed the grease was about to be thrown at
him; officer's request, after incident, to attend training course on alternatives
to use of firearms did not show policy of inadequate training. Huong v.
City of Port Arthur, 961 F.Supp. 1003 (E.D. Tex. 1997).
303:38 Deputy sheriff was entitled to qualified
immunity for taking woman's children into custody and giving them to her
husband; deputy found terms of protective order confusing and sought advice
from a county prosecutor. Hollingsworth v. Hill, 110 F.3d 733 (10th Cir.
1997).
302:25 City could not be liable for officer's
alleged "gross negligence" in handcuffing DUI arrestee when nothing
showed a link to any municipal policy. Horne v. Crozier, 565 N.W.2d 50
(S.D. 1997). 302:24 Town not liable for police officer's sexual molestation
of 13-year-old girl at police station when it had no reason to know that
he would molest a child and no policy of deliberate indifference to such
conduct; officer's alleged prior adulterous conduct with a fellow officer's
girlfriend did not alter result; officer, convicted of child molestation,
liable for $600,000. West v. Waymire, 114 F.3d 646 (7th Cir. 1997).
301:14 Officers entitled to qualified immunity
for entering couple's home without a search warrant to arrest non-resident
son pursuant to an arrest warrant after son answered door; no clearly established
law prohibited entry under such circumstances and municipality could not
be held liable for failure to teach officers that such conduct was unconstitutional
when it was not clear that it was. Joyce v. Town of Tewksbury, Mass., 112
F.3d 19 (1st Cir. 1997).
301:9 Arrestee could sue District of Columbia
for false arrest without having named individual officers as defendants;
no District liability for alleged civil rights violations in absence of
showing that officers acted pursuant to "established procedure"
of District or that District was deliberately indifferent in training and
supervision of officers. Taylor v. District of Columbia, 691 A.2d 121 (D.C.
App. 1997).
289:5 Federal appeals court rules that evidence
of alleged unconstitutional policies concerning use of dogs against suspects
was properly excluded during trial of claims against only individual police
officers; further rules that, once jury found that no unreasonable force
was used in this one instance, city and police chief were entitled to judgment
on claims against them for alleged unconstitutional policy Quintanilla
v. City of Downey, 84 F.3d 353 (9th Cir. 1996).
290:19 Complaint which alleged that officer
shot man carrying a machete on the street without further warning after
telling him to "freeze" adequately stated claim against District
of Columbia for inadequately training and supervising of officers on the
use of deadly force; federal appeals court rules that even a single incident
of such use of force was adequate to support a complaint of inadequate
training and supervision Atchinson v. DC, 73 F.3d 418 (DCCir. 1996).
291:42 City could not be liable for alleged
excessive use of force while search warrant for residence was being executed,
in the absence of any evidence of a municipal custom or policy of encouraging
or tolerating the use of excessive force while executing search warrants
or the execution of illegal search warrants Jenkins v. Wood, 81 F.3d 988
(10th Cir. 1996).
291:43 Federal appeals court rules that,
under Alabama state law, sheriffs are not final policymakers for a county
in the area of law enforcement; sheriff's law enforcement activities, in
that state, are an exercise of state, rather than county, power; county
therefore was not liable for sheriff's alleged violations of arrestee's
civil rights in connection with his prosecution McMillian v. Johnson, 88
F.3d 1573 (11th Cir. 1996).
292:57 Police departments could not be held
liable for officers' alleged use of excessive force against arrestee in
the complete absence of an allegation of a municipal policy or custom causing
the officers' actions Patterson v. Wauwatosa Police Dept, 930 F.Supp. 1293
(E.D. Wis 1996).
292:58 Town was not liable for "prank"
during which officer dressed up as a robber, armed with a rifle filled
with blanks and staged fake robbery of convenience store clerk working
alone at night, firing blanks; no official policy caused the prank; individual
officers involved in the prank did not act under color of law, as the prank
was staged for personal motives and was unrelated to their duties as officers,
despite the fact that they were on duty at the time that it was carried
out Haines v. Fisher, 82 F.3d 1503 (10th Cir. 1996).
294:91 City could not be held liable, under
federal civil rights law, for alleged assault on nightclub patron by off-duty
officer "moonlighting" as security guard, in absence of a municipal
policy or custom of deliberate indifference, which was not shown Watson
v. Mayor & Aldermen of Savannah, 477 S.E.2d 667 (Ga App. 1996).
293:67 Federal court awards plaintiff $162,20950
in attorneys' fees and court costs in lawsuit over alleged excessive force
by deputy who admitted kicking him in the groin while he was handcuffed,
despite award of only $500 in compensatory and $10,000 in punitive damages;
judge notes that evidence "revealed" that county had tacitly
condoned excessive use of force Duckworth v. Whisenant, 97 F.3d 1393 (11th
Cir. 1996).
294:83 City's action of indemnifying police
officers against punitive damages award in lawsuit brought over shooting
death of fast-food restaurant robber did not constitute a policy of "encouraging
and ratifying" the excessive use of force; individual city council
members who voted for payment of punitive damages award were also entitled
to qualified immunity for their action Trevino v. Gates, 99 F.3d 911 (9th
Cir. 1996).
294:91 Update: Philadelphia settles for $500,000
in lawsuit brought by relatives of two who died when city dropped bomb
on building containing barricaded black radical group resisting arrest
and search warrants Philadelphia, City of, In re Litigation, U.S. Dist.
Ct., ED Pa, reported in Chicago Sun Times, p. 33 (Jan 26, 1997).
295:105 Alleged policy of handcuffing all
arrestees behind their back, given exceptions for physical limitations
such as broken arms, was reasonable; plaintiff presented no evidence showing
evidence of racial discrimination in the use of deadly force or failure
to adequately train officers in the use of force Frazier v. City of Philadelphia,
927 F.Supp. 881 (E.D.Pa 1996).
296:120 Update: Federal appeals court upholds
$1 million award to woman raped by on-duty police officer, and trial court
ruling that there was no basis for liability by county; decision by police
chief to return same officer to duty, ten years previously, after earlier
accusation of rape, was insufficient basis to impose liability on county
for later incident Jones v. Wellham, 104 F.3d 620 (4th Cir. 1997).
297:131 U.S. Supreme Court overturns $800,000
award against county based on alleged inadequate screening before hiring
deputy with arrest record who caused injuries to arrestee; single hiring
decision could not be the basis for municipal liability in absence of evidence
that sheriff consciously disregarded high risk that deputy would use excessive
force Bd of County Com'rs of Bryan County, OK v. Brown, 117 S.Ct. 1382
(1997).
298:147 Sheriff was not a county policymaker
under Alabama law, but rather acted on behalf of the State; county therefore
could not be held liable for his actions in federal civil rights action
McMillian v. Monroe County, Alabama, 117 S.Ct. 1734 (1997).
299:171 Mere negligence in police department
policy concerning consistency of arrest warrant affidavits with underlying
police reports was not sufficient to impose liability on town for alleged
wrongful arrest and prosecution of man for sexual assault Mutter v. Town
of Salem, 945 F.Supp. 402 (DNH 1996).
{N/R} Question of whether city had an unconstitutional
policy of imposing custodial detention for purposes of identification or
making arrests on nonarrestable offenses was for jury to decide Pierce
v. Multnomah County, Oregon, 76 F.3d 1032 (9th Cir. 1996).
280:62 Officer who made false statements
in affidavit for search warrant was not entitled to qualified immunity
from liability when affidavit, absent false statements, would not have
provided probable cause for issuance of warrant; intergovernmental narcotics
enforcement task force could not be sued under federal civil rights statute
when it was an intergovernmental association rather than separate legal
entity Hervey v. Estes, 65 F.3d 784 (9th Cir. 1995).
278:25 City was not liable for alleged unlawful
revocation of man's pistol licenses in absence of a showing of a municipal
policy or custom causing the revocation; individual police defendants entitled
to qualified immunity despite plaintiff's claim they revoked his licenses
on the basis of his nationality when there were other reasons for revocation
Liu v. New York City Police Department, 627 N.Y.S.2d 683 (A.D. 1995).
284:117 Federal appeals court rules that
evidence that 911 dispatchers treated domestic violence calls differently
from other calls could be sufficient to show a county policy or custom
regarding domestic violence which violated the right to equal protection
of law; court reinstates lawsuit over estranged husband killing wife and
four others after she made a 911 call which did not result in dispatch
of police vehicle Navarro v. Block, 72 F.3d 712 (9th Cir. 1995).
279:37 City had a "special relationship"
with female police officer ultimately shot and killed by her police officer
husband after he repeatedly threatened to kill her, violated orders of
protection, and she complained of these incidents to supervisory officials
in the police department Sadrud-Din v. City of Chicago, 883 F.Supp. 270
(N.D.Ill. 1995).
284:116 Update: Trial court rules that grant
of qualified immunity to mayor of city for decision to drop explosive device
on building housing barricaded black radical group resisting search and
arrest warrants did not bar reinstatement of excessive force claims against
city for that decision Philadelphia, City of, In re Litigation, 910 F.Supp.
212 (E.D.Pa 1995).
283:100 Plain clothes officers were entitled
to qualified immunity because there was no "clearly established"
requirement that they announce their identity and purpose while executing
search warrant on business premises; officer reasonably believed that suspect
was reaching for a weapon when he shot and paralyzed him; municipalities
could not be held liable in the absence of evidence of a municipal policy,
custom, or usage St Hilaire v. City of Laconia, 71 F.3d 20 (1st Cir. 1995).
277:3 County Sheriff's Department liable
for $159 million for raid by 100 deputies on Samoan/American bridal shower
at which deputies allegedly falsely arrested 36, used excessive force,
and shouted racial epithets Dole v. County of Los Angeles Sheriffs, No
C751398, LA Superior Central Ct, Los Angeles, Calif, Aug 16, 1995, Vol
108 no 167 LA Daily Journal (Verd. & Stl.), p. 4 [Cross-references:
False Arrest/Imprisonment: No Warrant; Governmental Liability: Policy/Custom;
Malicious Prosecution]
281:67 Jury awards $200,000 to arrestee for
officer's alleged use of excessive force during arrest; finds city and
police chief liable for policy of inadequate training, supervision, and
discipline Hogan v. Franco, 896 F.Supp. 1313 (NDNY 1995).
280:57 Jury awards $1 million to woman raped
by on-duty police officer; trial court finds no basis for liability by
county when all prior complaints about alleged sexual misconduct by police
officers had been thoroughly investigated Jones v. Ziegler, 894 F.Supp.
880 (D.Md 1995).
283:104 Inadequate training and supervision
federal civil rights claim against city could not be based upon single
incident and could not be maintained anyway in absence of allegation of
deliberate indifference to constitutional rights; state law negligence
claims against supervisory personnel, however, were not barred by Massachusetts
immunity statute Gallego v. Wilson, 882 F.Supp. 1169 (D.Mass 1995). [Cross-
references: Administrative Liability: Supervision, Training]
283:105 Federal appeals court reinstates
claim for policy of inadequate supervision against police department which
allegedly failed to monitor identified "problem" officer after
he was restored to full-duty following disciplinary suspension; failure
to "red-flag" further civilian complaints of alleged abuse by
officer could be a basis for a rational jury to find deliberate indifference
to an "obvious" need Vann v. City of New York, 72 F.3d 1040 (2nd
Cir. 1995). [Cross-References: Administrative Liability: Supervision]
285:139 Allegation that township and police
chief "whitewashed" evidence of use of excessive force by police
was sufficient to state a claim for governmental liability in instance
where officer allegedly placed man in restaurant in a choke hold when he
told officer, in response to his questions, that he wanted to call his
lawyer Illiano v. Clay Township, 892 F.Supp. 117 (E.D. Pa 1995).
286:154 Update: Jury awards $15 million against
city; finds that dropping bomb on building housing barricaded black radical
group resisting search and arrest warrants was excessive use of force Philadelphia,
City of, In re Litigation, U.S. Dist. Ct. ED Pa, June 24, 1996, reported
in The New York Times, p. A7 (June 25, 1996).
287:170 Mere fact that officer was employed
by city was insufficient, standing alone, to state a claim for federal
civil rights liability in suit brought by man who alleged that officer
attacked and arrested him for no reason; such liability must be based on
official policy, practice, or custom DeJesus v. O'Connor, 897 F.Supp. 131
(S.D.N.Y. 1995).
268:58 Homeless persons were not entitled
to injunction against city absent a showing that city had an official municipal
policy of harassing them solely because of their homeless status; federal
appeals court notes that there is no constitutional right to trespass on
public lands or store one's personal belongings there Church v. City of
Huntsville, 30 F.3d 1332 (11th Cir. 1994).
268:59 Allegation that officer declined to
break into apartment to rescue minor girl from intruder who was raping
her, despite her mother's pleas to do so, because he did not want to be
liable for property damage stated claim against officer for willful and
wanton negligence, intentional infliction of emotional distress, and gender
discrimination Doe v. Calumet City, 161 Ill 2d 374, 641 N.E.2d 498 (1994).
271:108 Police chief and officer were entitled
to qualified immunity for warrantless probes into home of armed man barricaded
in his house for six hours; appeals court rules, however, that warrantless
probes were not justified by exigent circumstances when man inside had
not pointed gun at anyone or threatened to use it; city was liable for
policy of routinely failing to obtain warrants in "critical incidents"
regardless of circumstances O'Brien v. City of Grand Rapids, 23 F.3d 990
(6th Cir. 1994).
272:117 Administrative inspection warrant
did not justify forcible warrantless entry into home to arrest homeowner
Alexander v. City and County of San Francisco, 29 F.3d 1355 (9th Cir. 1994).
273:135 Having a jury determine whether officer
was entitled to qualified immunity in case where it was alleged that he
warned and cited plaintiff because of his political beliefs was "proper,"
or at worst "harmless," federal appeals court rules; $35,350
jury award against officer upheld, but award against city overturned in
absence of evidence of municipal policy or custom; $55,000 attorneys' fee
award ordered reconsidered Sloman v. Tadlock, 21 F.3d 1462 (9th Cir. 1994).
273:137 Reasonable police officers could
not have believed they had probable cause to arrest man who yelled "Get
the hell out of here" to undercover police officer disguised as intoxicated
vagrant who approached him three times asking him for money Beech v. City
of Mobile, 874 F.Supp. 1305 (S.D.Ala 1994).
273:139 Claim that village knew that officer
had previously allegedly attempted to solicit sexual favors in exchange
for dropping traffic citations yet took no remedial action was sufficient
to state federal civil rights claim against village Carney v. White, 843
F.Supp. 462 (E.D. Wis 1994).
Single incident in which it was alleged that
individual was injured by officers was insufficient to show an official
policy or custom required to impose liability on municipality; city could
not be found liable in federal civil rights lawsuit simply for being officer's
employer; denial of individual's complaint by police department showed
that department had system and standards for disciplining and controlling
its officers Branham v. City of Dearborn Heights, 830 F.Supp. 399 (E.D.
Mich 1993).
U.S. Supreme Court to examine whether an
Alabama sheriff, a state employee under state law, was "final policymaker"
for county in authorizing raids on tavern; federal appeals court ruled
that county was entitled to summary judgment in federal civil rights lawsuit
and that sheriff did not make final policy for county Swint v. Wadley,
5 F.3d 1435 (11th Cir. 1993), opinion modified on denial of rehearing,
11 F.3d 1030 (11th Cir. 1994), cert granted, 114 S.Ct. 2671 (1994).
City liable for $50,000 for officer's alleged
use of excessive force against woman, based on alleged custom of failing
to respond to citizen complaints concerning excessive force; city could
be liable despite jury's failure to find either chief of police or city
manager liable Brown v. City of Margate, 842 F.Supp. 515 (S.D.Fla 1993).
Claim that city failed to restrict an individual
officer's use of dangerous weapons or to properly train him in their use
did not suffice to allege a municipal policy or custom, since it only alleged
a "singular occurence" Sweeney v. Chapman, 813 F.Supp. 557 (E.D.
Mich 1993).
City police chief who allegedly ordered seizure
of copies of free circulation newspaper which contained article criticizing
him was not final policymaker for city when Police Commission fired him
for his actions; city accordingly could not be held liable for the seizure
Coming Up, Inc v. San Francisco, 840 F.Supp. 1315 (N.D.Cal 1993).
City could not be held liable for officers'
alleged refusal to allow anti-abortion protester arrestee to use the restroom;
no evidence indicated that the city had a policy of prohibiting arrestees
from using the restroom Stewart v. City of Wichita, Kansas, 827 F.Supp.
1537 (D.Kan 1993).
Suit against city alleging officers used
excessive force against detainee pursuant to official policy dismissed
because plaintiff failed to point to any specific policy or any factual
basis for a policy allowing excessive use of force Graham v. District of
Columbia, 795 F.Supp. 24 (DDC 1992).
Plaintiff who allegedly was shot y officers
during raid on home with search warrant obtained with false information
did not adequately allege the existence of city policy or custom to support
his claims against the city Sledd v. Lindsay, 780 F.Supp. 554 (N.D.Ill.
1991).
Arrestee's "conclusory assertions"
failed to allege a claim for a policy of inadequate training, supervision,
or discipline of arresting officer by city and police department Judge
v. City of New York, 785 F.Supp. 366 (S.D.N.Y. 1991).
Single incident did not demonstrate city
policy of intentionally colliding police vehicles with motorcycles Morgan
v. City of Marmaduke, Ark, 958 F.2d 207 (8th Cir. 1992).
City liable for $25,000 for officer's beating
of man; federal appeals court holds that evidence of municipal policy can
include other alleged acts of brutality by the same officer after the incident
in question Foley v. City of Lowell, Mass, 948 F.2d 10 (1st Cir. 1991).
City could not be held liable for violation
of civil rights by false arrest and use of excessive force by officers
in the absence of any evidence at all of a municipal policy or custom independent
of the officer's conduct in one single instance Wedemeier v. City of Ballwin,
Mo, 931 F.2d 24 (8th Cir. 1991).
City could not be held liable under federal
civil rights law for alleged police beating when it had no authority under
state law to make official policy concerning police actions Crigler v.
City of St Louis, Mo, 767 F.Supp. 197 (E.D. Mo 1991).
County can be sued for alleged policy of
encouraging district attorney to demand releases of civil rights claims
against county and officers concerning police misconduct before dismissing
baseless criminal charges Sassower v. City of White Plains, 742 F.Supp.
157 (S.D.NY 1990).
Man shot five times in his home and rendered
paraplegic by deputy constables who arrived in response to a call for assistance
awarded $6277 million; county policy or custom of inadequate training of
deputies was a jury question Walsweer v. Harris County, 796 S.W.2d 269
(Tex. App. 1990).
County potentially liable for sheriff's alleged
beating of arrestee while intoxicated; policy of condoning such violations
could be inferred from failure to take action on alleged past violations
Mosier v. Robinson, 722 F.Supp. 555 (WD Ark 1989).
If plaintiff could establish the officers'
seizure of his gun during arrest was unlawful, link to department policy
was sufficient to bring claim against city Katz v. Morgenthau, 892 F.2d
20 (2d Cir. 1989).
Once federal civil rights claims are dismissed
against city for failure to allege policy or custom, state law claims should
be dismissed also Phipps v. City of Chicago, 718 F.Supp. 719 (N.D.Ill.
1989).
City liable for unconstitutional practice
of breaking down doors without warrant when arresting felons; punitive
damages of $819,983 awarded against police chief and mayor; $34 million
compensatory also awarded Bordanaro v. McLeod, 871 F.2d 1151 (1st Cir.
1989).
City liable for $25,000 for unconstitutional
policy of detaining warrant less diabetic arrestee for four hours even
after determining he was not intoxicated McConney v. City of Houston, 863
F.2d 1180 (5th Cir. 1989).
City could be liable when officer detained
by plaintiff en route to hospital and his wife subsequently died Davis
v. City Reswell, 295 S.E.2d 317 (Ga 1982).
Plaintiff sues city for false arrest and
for denial of medical treatment Walters v. Village of Oak Lawn, 548 F.Supp.
417 (N.D.Ill. 1982).
No liability for officer's alleged misconduct
Batista v. Rodriguez, 702 F.2d 393 (2nd Cir. 1983).
City could be liable under Section 1983 for
alleged beatings committed by four officers Pitt v. City of NY, 567 F.Supp.
417 (S.D.N.Y. 1983).
Neither officer nor city liable for shooting
that left innocent youth paralyzed Languirano v. Hayden, 717 F.2d 220 (5th
Cir. 1983).
U.S. Supreme Court rules suing individual
in "official capacity" imposes liability on employer Brandon
v. Holt, 105 S.Ct. 873 (1985).
U.S. Supreme Court reverses Tuttle's $15
million judgment and rules single incident of misconduct not enough to
infer policy/custom Oklahoma City v. Tuttle, 37 CrL 3077 (1985).
U.S. Supreme Court rules single unconstitutional
act grounds for liability Pembaur v. City of Cincinnati, No 84-1160, 3/25/86;
54 USLW 4289
U.S. Supreme Court grants certiorari regarding
applicability of "single incident" rule when several officers
are involved City of Springfield v. Kibbe, No 85-1217, 38 CrL 4199, 3/12/86
On remand from U.S. Supreme Court, 6th circuit
still finds liability; single incident rule not applicable because city
was the bad actor in failing to train Rymer v. Davis, 775 F.2d 756 (6th
Cir. 1985).
Although city cannot be liable under Section
1983 for hiring "one bad apple," it can be liable for "leaving
one bad apple in the barrel" or for retaining a police officer who
was the subject of numerous complaints Williams v. City of Chicago, 658
FSupp 147 (N.D.Ill. 1987).
County not liable for failure to prevent
man from killing ex-wife Evidence that police treated domestic abuse differently
than vehicular homicides did not show constitutional violation Trethewey
v. DeKalb County, Ga, 662 F.Supp. 246 (N.D.Ga 1987).
City liable for officer's sexual assault
of arrestee because of custom of failing to investigate or act on complain
of police sexual misconduct Harris v. City of Pagedale, 821 F.2d 499 (8th
Cir. 1987).
Summary judgment for defendant city was proper
when plaintiff's complaint concerning denial of medical care during custody
failed to allege any municipal policy Harris v. City of Detroit, 408 N.W.2d
82 (Mich.App. 1987).
No municipal liability for injury caused
by stun guns when officers used them in manner inconsistent with express
policy Thomas v. City of Zion, 665 F.Supp. 642 (N.D.Ill. 1987).
Arrestee awarded $9OO,000 in damages for
ruptured testicle; city was liable under either municipal custom or deficient
training theory Spell v. McDaniel, 824 F.2d 1380 (4th Cir. 1987).
Plaintiff's assertion that she personally
observed repeated improper police methods adequate to allege municipal
policy Kelley v. City of New York, 659 F.Supp. 639 (E.D.N.Y. 1987).
City was not liable for arrests if made with
warrants signed by court clerk rather than judge at instigation of city
attorney Joiner v. City of Ridgeland, Mississippi,669 F.Supp. 1362 (S.D.
Miss., 1987).
Federal appeals court overturns jury verdict
against city and police chief; failure to maintain cross-indexed filing
system did not show policy of condoning misconduct Sarus v. Rotunda 831
F.2d 397 (2d Cir. 1987). Arrest of one individual for traffic offense did
not show policy of such arrests when there was probable cause to believe
individual would not appear in court Tanner v. Heise, 672 F.Supp. 1356
(D. Idaho 1987).
Man found not guilty of arson of police car
after world series game did not show official policy LaBate v. Butts, 673
F.Supp. 887 (E.D. Mich 1987).
County not liable for alleged brutality by
officer; did not know of supposed violent nature Bee v. DeKalb County,
679 F.Supp. 1107 (N.D.Ga 1988).
Decision fails to clarify how to determine
who is a "policymaker" for municipal liability purposes City
of St Louis v. Praprotnik, 108 S.Ct. 915 (1988).
Subsequent incidents of alleged excessive
force inadmissible to demonstrate municipal policy Harvey v. Hankins, 681
F.Supp. (WD Mo 1988).
Municipality can be liable for alleged racial
discrimination in beating of Hispanic even in absence of allegation of
policy under 42 USC Sec 1981; Sec 1983 claims, however, must he dismissed
Mendez v. Rutherford, 687 F.Supp. 412 (N.D.Ill. 1988).
Evidence of single incident in which arrestee
was beaten is insufficient to show city policy of inadequate training or
supervision Edwards v. City of New York, F.Supp. 1579 (S.D.N.Y. 1988).
" See also: Assault and Battery: Handcuffs,
Firearms Related: Intentional Use, Other Misconduct: Racial - 1981, Search
and Seizure: Strip.