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October 31, 2006
HIGH COURT TO HEAR CHASE-AND-SMASH CASE
The Supreme Court has agreed to decide whether police officers can be sued for intentionally ramming a fleeing car during a high-speed chase, causing the death or injury of the driver, the Los Angeles Times reports. In the Georgia case before the court, it said, a police chased and rammed a speeding car being driven by a teenager, who was rendered quadriplegic in the crash.
“Eight years ago, the justices shielded police officers from being sued in federal court for deaths and injuries resulting from high-speed chases. The only exception, the court said, is when police act out of ‘an improper or malicious motive,’ such as ‘to terrorize, cause harm or kill’ a suspect. In the 1998 case, the parents of a teenager from Sacramento sued after their son was killed when he fell from a motorcycle being pursued by a police cruiser at 100 mph. Because the officer did not intend to harm the cyclist, he could not be held liable, the high court ruled,” the LA Times report said.
According to NHTSA documents, many jurisdictions maintain “no-chase” policies for police acting to apprehend traffic law violators. See, for example, Law Enforcement Officers Focus Group Results, 2001. Search the report for “chase.”
Posted by MVHAP at October 31, 2006 05:30 AM