Law enforcement officers and departments in Connecticut are generally shielded from civil liability when the normal discharge of their duties results in injuries or death. However, a recent Connecticut Supreme Court decision shows that governmental immunity has its limits. The court reversed the dismissal of a personal injury lawsuit by a dirt bike driver who sustained catastrophic injuries as the result of a police roadblock.
The case, Cole v. City of New Haven, arose when Officer Nikki Curry was patrolling in her cruiser on the lookout for dirt bikes or quads that several residents had reported operating recklessly in a New Haven neighborhood. Curry was driving north on Howard Avenue when she spotted a group of dirt bikes coming south toward her. They were not doing wheelies or speeding at the time. Nevertheless, Curry suddenly pulled her vehicle diagonally across the road, creating a roadblock in front of the bikers and within 10 feet of them. Three bikers managed to avoid a collision, but the fourth, Amaadi Cole, lost control and struck a tree. He suffered skull fractures, optic nerve damage, memory loss and facial scarring.
Cole’s personal injury claim against Curry and the city became a drawn-out legal battle, with a lower court eventually ruling that Curry and the city were protected by governmental immunity because Curry’s actions were discretionary. In other words, a police officer carrying out her duties as she believed necessary could not be sued for causing harm to someone.
But the Supreme Court drew a distinction between discretionary actions and “ministerial duties” — that is, when a police officer is bound to follow a formal policy. Police roadblocks, the court noted, are governed by the Department of Public Safety’s Uniform Statewide Pursuit Policy as well as by motor vehicle regulations and by a specific New Haven policy. Both policies prohibit roadblocks unless authorized by a police supervisor after considering the need for using deadly physical force to end a pursuit. There was no evidence that Curry sought such authorization. Nor would authorization likely have been granted in this scenario, since the bikers were not driving recklessly or endangering anyone when Curry encountered them.
This case shows that Connecticut will not grant governmental immunity to police officers in every situation. If a written policy dictates how an officer should behave and the officer violates that policy, he or she could be subject to a lawsuit. The court noted the facts were different from those in an earlier ruling, Borelli v. Renaldi, which upheld governmental immunity for a police officer whose pursuit of a fleeing motorist ended in a fatal accident, since that officer had acted with due regard for public safety.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is available to evaluate potential claims against police officers and departments in Connecticut over conduct that caused injury or death. Call 203-745-0942 or contact us online to arrange a free consultation with a lawyer in Hamden or East Haven.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
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