NCJ Number
118103
Journal
Wisconsin Law Review Volume: 1988 Issue: 4 Dated: (1988) Pages: 605-637
Date Published
1988
Length
33 pages
Annotation
Wisconsin's governmental indemnity statute needs clarification with respect to police misconduct, because problems exist with current interpretations of the law.
Abstract
The statute requires political subdivisions to indemnify officers or employees for judgments arising from acts they committed while within the scope of their employment. Civil rights actions brought against police officers under Federal law may be brought in either Federal or State courts. Although Federal courts are not always willing to assume jurisdiction over State indemnification claims, they have proved to be a friendlier forum for plaintiffs trying to receive payments from municipalities in vindication of constitutional torts. However, the discretionary nature of the Federal courts' pendent jurisdiction works a hardship on plaintiffs by forcing them to choose between incurring the risk of duplicative litigation or foregoing their right to have their Federal claim heard in Federal court. In addition, Federal and State courts treat the issue of the scope of employment differently. The State supreme court should clarify the scope-of-employment test within the context of police misconduct to address the current problems while preventing an inadvertent expansion of the liability of private employers. 184 footnotes. (Author summary modified)