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cardinal03
09-03-2006, 07:17 PM
Do LEOs have access to the civil courts in the same way ordinary citizens do?

I was wondering today, if a LEO was called to a robbery, and while defending the public got shot by the bank robber, who was eventually caught, charged and convicted, could the LEO sue the robber in civil court for medical bills, etc...?

Yes I realize it's likely the robber doesn't have any money, but let's pretend it's Thomas Crowne style and the guy is a billionaire.

Thanks!

silversvs
09-03-2006, 09:17 PM
Yes, there has been quite a bit of case law that has favored law enforcement officers in obtaining civil awards from suspects who injured them.

Meter Man
09-04-2006, 02:46 PM
Wouldn't the officer receive workman's comp and other benefits related to his employment?

Would the award first go to the agency and the left overs to him?

motorman4life
09-04-2006, 08:38 PM
In most cases, if an officer obtains a civil judgement or settlement, they are required to refund workers comp, their agency and their medical insurance for the money and/or services and benefits they have received related to the incident.

In most cases, an officer is going to seek a settlement from workers comp and let the state go after the defendant to recoup their expendatures.

It is rare that a defendant has adequate coverage or assets to cover the losses, let alone pain and suffering, etc...