NCJ Number
17590
Journal
AELE LAW ENFORCEMENT LEGAL LIABILITY REPORTER, S-2 Dated: (1974) Pages: 11-12
Date Published
1974
Length
2 pages
Annotation
REVIEW OF THREE APPELLATE COURT DECISIONS ON THE LEGAL LIABILITY OF SENIOR OFFICERS FOR ACTS COMMITTED BY LINE OFFICERS NOT PARTICIPATED IN OR RATIFIED BY THEM.
Abstract
IN ITS 1973 RULING IN MARUSA V. DISTRICT OF COLUMBIA ET AL, THE UNITED STATES COURT OF APPEALS STATES THAT THE POLICE CHIEF AND THE CITY GOVERNMENT COULD BE SUED FOR DAMAGES FOR PERSONAL INJURIES CAUSED BY AN INTOXICATED OFF-DUTY POLICEMAN. THE LOUISIANA COURT OF APPEALS HELD IN THE 1973 CASE OF MARTIN F. GARLOTTE THAT THE POLICE CHIEF WAS NOT LIABLE WHEN A FELLOW OFFICER KILLED ANOTHER OFFICER AS A RESULT OF HORSEPLAY IN THE STATIONHOUSE. THIS RULING OVERTURNED A PREVIOUS DECISION AWARDING THE OFFICER'S WIDOW 198,000 DOLLARS. IN THE THIRD CASE, A TENNESSEE COUNTY SHERIFF UNSUCCESSFULLY APPEALED A UNITED STATES DISTRCIT COURT JUDGMENT WHICH HELD HIM LIABLE FOR PUNITIVE AS WELL AS COMPENSATORY DAMAGES FOR PERSONAL INJURIES CAUSED BY HIS DEPUTY IN A SHOOTOUT.