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Posted by: TacticalEMS

Does any one have any case law or prior knowlede of an officer suing a defendant for personal injuries that occured in the LOD? Not any lawsuits directed towards the department or town, only on the personal level. Thanks!

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Posted by: Gil

I have heard of it but know of no cases on it. Supposedly as long as you do not charge the perp with A&B PO you can sue. I have only heard this once so I have no way to verify this.

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Posted by: Dr.Magoo

It can be done. Not sure how much you would get from a scum bag. But in an OUI where you are hit, the insurance company will be left holding the bag (assuming they have insurance). On a side note, make sure you have insurance that covers under or non-insured drivers. Your own insurance company may have to pay you, even though you were in a cruiser. Not sure how it would work if you were on foot.

In the MPA Sentinel magazine there is often an ad for a lawyer who handles such claims.

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Posted by: Irish Wampanoag

Quote:

Originally Posted by TacticalEMS @ Fri 23 Jul, 2004 Does any one have any case law or prior knowlede of an officer suing a defendant for personal injuries that occured in the LOD? Not any lawsuits directed towards the department or town, only on the personal level. Thanks!

Absolutely!!!! an officer can sue
I cant believe officers don't utilize their option to sue a suspect when he or she gets hurt by these scumbags. LEO should start turning the tort table on these jerks.

Example:
A State Trooper Lt sued a lawyer (forget her name she defended Louies Woodward) when he arrested her for OUI and claimed she was sexually assaulted by the trooper. It turned out to be unfounded so the Lt Trooper sue the suspect for slander and won million dollar claim the case also disbarred her I believe.

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Posted by: Burner1

ABSOLUTELY!!! If the defendant is found guilty of the charges, it makes your job even easier to sue civilly. When I had Lt. Robbins (now Col. of MSP) as an instructor, he strongly advocated the idea. He also questioned why P.O.'s did not use it more often. In most cases you have 3 years to file, well within the adjudication of the criminal complaint.

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Posted by: TacticalEMS

Thanks for all the support. The scumbags should actually have money due to the fact that they were also hurt while the arest was taking place, they are sure to sue, and the city always settles these things out of court with a monetary reward. One of the two defendants was also a minor so this will also throw a wrinkle into the whole thing. Do you have the name of that attorney at hand? If not I can search for a copy of the MPA. Thanks again!

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Posted by: Webster

The Atty. they speak of is from Norwood. His name is Ballin. He can be reached at:
www.ballinlaw.com or by phone 781-769-4500.
I attended his seminar at the last MPA convention. He seemed to have extensive knowledge in this area. He will speak to you for free and advise you if you have a case.

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Posted by: PBC FL Cop

One of our officers sued a defendant after his dog bit the officer. He won a hefty law suit, its was nice to see an officer on the winning side of a law suit for a change. We're still citizens and are entitled to the same benefits as the civilians, its about time things are starting to go in our favor.

Stay safe!!

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