Florida Officers Not Covered By Indemnity Fund When Committing Unforeseen Crimes
Florida Officers Not Covered By Indemnity Fund When Committing Unforeseen Crimes
A Florida circuit court held a woman who was sexually assaulted by a lieutenant while she was a prisoner at the Indian River County Jail could not recover a $500,000 judgment against her assailant from the Florida Sheriff’s Self-Insurance fund because the act was not done in the performance of official duties.
The woman, 27, was assaulted in 1997 by Lieutenant Paul H. Harrison, who was the jail’s supervisor of trustees. He ingratiated himself by granting her trustee status, giving her cigarettes and food, and depositing $50 into the jail account. Harrison, 60, forced the woman to engage in oral sex and intercourse in his office under threat of removing her trustee status and time gained for good behavior.
The woman, who was serving a one year sentence for bogus checks, gave into his demands for fear of doing more time and being separated from her two children. She reported the incident and wore an electronic listening device during a meeting with Harrison. He was fired and charged. He later pled guilty to two counts of misdemeanor battery and received a six-month jail sentence.
Harrison was ordered in a civil action to pay the woman $500,000 in damages. The July 6, 2000 order allowed her to assign the levy to the Florida Sheriff’s Self-Insurance Fund, which represents law enforcement officers in civil litigation.
The Sheriff’s fund was granted summary judgment by another judge, ruling that the fund is intended to protect officers who are sued for actions undertaken in the performance of their duties, not in cases where the officers commit unforeseen crimes. As such, the court held Harrison had “no right of coverage or right to a defense from the fund.” On appeal, the decision was upheld. See: Keen v. Fla. Sheriffs' Self-Ins. Fund, 962 So. 2d 1021 (Fla. Dist. Ct. App. 4th Dist. 2007); Hamilton v. Harrison, 19th Judicial Circuit Court, Florida (2000), Case no. 1998 CA 010363.
Source: tcpalm.com
Related legal cases
Keen v. Fla. Sheriffs' Self-Ins. Fund
| Year | 2007 |
|---|---|
| Cite | 962 So. 2d 1021 (Fla. Dist. Ct. App. 4th Dist. 2007) |
| Level | State Court of Appeals |
Hamilton v. Harrison
| Year | 2000 |
|---|---|
| Cite | 19th Judicial Circuit Court, Florida, Case no. 1998 CA 010363. |
| Level | State Trial Court |
| Damages | 500,000 |