POLICE MAY BE LIABLE FOR PUNITIVE DAMAGES FOR NEGLIGENCE
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The North
Carolina Court of Appeals has ruled that the mother of a 17-year-old daughter
murdered by the mother’s husband could pursue a punitive damages claim against
police officers for failure to make an arrest and failure to warn the mother
that her husband was still on the loose.
In November
of 2002 the mother obtained an order which prohibited her husband, Richard
Ellerbee from threatening her or her children and from coming within 250 feet
of them.
The mother
claims that Jonesville police officers knew that Ellerbee violated the court
order and failed to arrest him despite promising to do so.
Just prior
to the daughter’s death, Ellerbee’s violations included breaking into the
mother’s home and threatening her life, digging graves in front of her home,
stalking her, and threatening her children.
On
November 18, 2002 the two officers were present when Ellerbee drove by her
house. The officers promised to arrest
Ellerbee and drove off after him with their blue lights activated. They did not arrest Ellerbee nor did they
warn the mother that her husband was still on the loose.
The
following day, a man believed to be Ellerbee broke into the mother’s home while
she was out. This man fatally stabbed
and suffocated her daughter Candice Cockerham.
The North
Carolina Court of Appeals held that this evidence is sufficient to allow a jury
to decide that the defendants acted recklessly, manifesting a reckless
indifference to the rights of Ms. Cockerham-Ellerbee (the mother) and her
daughter.”
The law
generally does not allow individuals to bring negligence actions against
municipalities or police officers for failure to provide protection from a
third party’s crimes.
However, a
special duty exception allows negligent suits against municipalities and police
officers when the law enforcement officer’s conduct is willful and wanton.
Under
N.C.G.S. § 1D-15, a plaintiff can win punitive damages by showing willful
and wanton conduct and by proving the municipality or law enforcement officers
to be liable for compensatory damages.