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Public employer alert: new way to sue police officers?

May 2022 employment law letter
Authors: 
Michael P. Maslanka, UNT-Dallas College of Law

A number of subscribers are public employers whose employees as well as themselves can be sued for all sorts of reasons not applicable to private-sector companies. Here’s one potential lawsuit claim: If a police officer fails to give Miranda warnings to a criminal suspect who is arrested and indicted but later acquitted, can the person sue the officer individually as well as the municipality for which the officer works? The U.S. Supreme Court will soon answer the question. (As if public HR professionals didn’t have enough on their plates already!)

Crime in progress

Carlos Vega is a deputy sheriff for Los Angeles County (LAC). He responded to a call from the LAC/University of Southern California (USC) Medical Center, a public hospital. The call was about a male hospital employee who, while transporting a female patient within the hospital, allegedly lifted up her gown and made sexual contact with her.

During an interview, Vega says the employee admitted his guilt, although the officer didn’t read his Miranda rights to him. Recall from a TV show such as Law & Order:

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