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Re: State/County/City Liability in auto accident
[Re: Skullworks]
#2776220
04/02/19 07:22 PM
04/02/19 07:22 PM
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Joined: Aug 2005
Posts: 8,363 Montgomery
WmHunter
14 point
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14 point
Joined: Aug 2005
Posts: 8,363
Montgomery
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Last edited by WmHunter; 04/02/19 07:42 PM.
"The Tree of Liberty must be refreshed from time to time with the blood of patriots and tyrants." Thomas Jefferson
" Chuck Sykes is a dictator control freak like Vladimir Putin " WmHunter
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Re: State/County/City Liability in auto accident
[Re: WmHunter]
#2776352
04/02/19 09:18 PM
04/02/19 09:18 PM
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Joined: Jan 2001
Posts: 25,891 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 25,891
Fayetteville TN Via Selma
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In Alabama they are liable! I cant speak to NC law though. Alabama's amount of liability has a cap though I believe which is $100K. Most cities are either self insured or insured through The League of Municipalities. LEOs have limited immunity in certain circumstances, but not from auto accidents that are their fault. State of Alabama employees and certain constitutional officers, and this includes State police and State troopers, sheriffs and deputies CANNOT be sued (or held legally liable in court) for their acts of negligence that cause personal injury or property damage. This is a FACT. And it is based on a provision of the Alabama Constitution. The only avenue for relief/compensation is the State Board of Adjustment. One possibility for state court liabilty would be arguing that the deputy was not performing a discretionary function by running a red light. That could be one exception. Probably still won't work because the deputy is considered an extension of the sheriff who is a State constitutional officer. County and municipal employees CAN be held liable in state court for their acts of negligence that cause injury or property damage. But the liability of the county or municipality is capped at $100,000. The Supreme Court of Alabama has ruled that the $100,000 cap on the city or county government does not apply to the individual employee, based on the wording of the statutes on that subject. At Common Law, cities and counties had sovereign immunity from civil liability. What??????? Officers I've worked with and the city have been sued, a few times successfully, that I find it hard to give ANY credence to your post. It goes against everything I've been taught in A LOT of schooling and everything I've been told by lawyers and everything I've witnessed first hand. Police officers and cities in Alabama get sued all the time, sometimes successfully, for negligence.
Lord, please help us get our nation straightened out.
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Re: State/County/City Liability in auto accident
[Re: Skullworks]
#2776365
04/02/19 09:34 PM
04/02/19 09:34 PM
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Joined: Dec 2002
Posts: 51,996 Round ‘bout there
Clem
Mildly Quirky
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Mildly Quirky
Joined: Dec 2002
Posts: 51,996
Round ‘bout there
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If Big Game Hunter's wife had pulled out a .40 and started firing back at the gang-banger in self-defense, and accidentally killed a cop, would she be held liable?
Probably.
"Hunting Politics are stupid!" - Farm Hunter
"Bible says you shouldn't put sugar in your cornbread." Dustin, 2013
"Best I can figure 97.365% of the general public is a paint chip eating, mouth breathing, certified dumbass." BCLC, 2020
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Re: State/County/City Liability in auto accident
[Re: jawbone]
#2776691
04/03/19 12:36 PM
04/03/19 12:36 PM
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Joined: Aug 2005
Posts: 8,363 Montgomery
WmHunter
14 point
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14 point
Joined: Aug 2005
Posts: 8,363
Montgomery
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What??????? Officers I've worked with and the city have been sued, a few times successfully, that I find it hard to give ANY credence to your post. It goes against everything I've been taught in A LOT of schooling and everything I've been told by lawyers and everything I've witnessed first hand. Police officers and cities in Alabama get sued all the time, sometimes successfully, for negligence.
You are not reading carefully. The OP said that his friend was hit by a >>DEPUTY Sheriff<< not a municipal police officer. Sheriff's and their deputies have immunity from civil liability for their acts of *negligence* that cause personal injury and property damage. That is where the State Board of Adjustment comes in - to fill that gap. Read carefully the links that I gave for the Board. And the court cases that I gave links to about the subject of civil liability for DEPUTIES/Sheriffs. ******** ON THE OTHER HAND, as I stated, and as you failed to see and note, CITY police officers CAN be sued for their acts of negligence that cause injury like in a car wreck. The city will have the $100,000 cap, the individual officer will not have a cap. See Section11-47-190 and 11-93-2: https://codes.findlaw.com/al/title-...corporations/al-code-sect-11-47-190.htmlhttps://codes.findlaw.com/al/title-11-counties-and-municipal-corporations/al-code-sect-11-93-2.htmlBut see this statute that muddies those waters with respect to city police: https://codes.findlaw.com/al/title-6-civil-practice/al-code-sect-6-5-338.html^^ that is one of those dandy "tort reform" laws that was passed a long ago. And yeah, those smart pointy headed lawyers know how to get around that "discretionary function" immunity provision. At least that is what the Little Bird told me. ~Respectfully!
"The Tree of Liberty must be refreshed from time to time with the blood of patriots and tyrants." Thomas Jefferson
" Chuck Sykes is a dictator control freak like Vladimir Putin " WmHunter
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Re: State/County/City Liability in auto accident
[Re: Skullworks]
#2776829
04/03/19 04:20 PM
04/03/19 04:20 PM
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Joined: Jan 2001
Posts: 25,891 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 25,891
Fayetteville TN Via Selma
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Thank you. That makes sense to me since County LE has never been held to the same standards as Muni LE in Alabama.
Lord, please help us get our nation straightened out.
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Re: State/County/City Liability in auto accident
[Re: Skullworks]
#2776883
04/03/19 06:03 PM
04/03/19 06:03 PM
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Joined: Dec 2007
Posts: 4,136 alabama
BigEd
10 point
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10 point
Joined: Dec 2007
Posts: 4,136
alabama
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https://www.al.com/news/birmingham/2015/05/4_million_verdict_against_city.htmlThis is a link to the story of the Homewood Officer that ran over a pedestrian. Interesting case and pertinent info on this topic. Here's an excerpt from the article. In Alabama, lawsuit awards against municipalities are capped at $100,000--what Andrews said would be less than half of Trudy's $400,000 in medical costs. Police officers are also protected, said Andrews.
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Re: State/County/City Liability in auto accident
[Re: Skullworks]
#2776921
04/03/19 06:55 PM
04/03/19 06:55 PM
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Joined: Jul 2011
Posts: 34,648 Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 34,648
Boxes Cove
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I can tell y'all from experience what happens when a state tractor bush hogging the ditches sprays your car with gravel and you have full coverage insurance . The state pays your deductible and your insurances pays the rest. Been there , done that.
"Why do you ask"?
Always vote the slowest path to socialism.
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