Police officers, like most government employees, are entitled to immunity from certain personal injury lawsuits under the doctrine of government immunity. This may even be the case when a police officer’s actions result in a serious injury or death. Government immunity does not apply in all situations, but in most cases, it will apply by default unless the injured party is able to show that the government employee’s conduct was reckless, intentional, or otherwise not qualified for immunity. A recent case illustrates how a court may apply government immunity to a police officer’s actions, defeating a personal injury plaintiff’s case.
Agrabrite was involved in a car accident when she was struck head-on by another motorist who was fleeing from the police at the time of the accident. The other motorist died in the collision, and Agrabrite was seriously injured. Agrabrite filed a personal injury lawsuit against several of the police officers involved in the chase, claiming that they were responsible for her injuries.
Before the case was submitted to a jury, the police officers sought summary judgment. They claimed that, as government employees, they were entitled to immunity from the lawsuit. In response, Agrabrite argued that the “wanton and reckless” conduct exhibited by the officers prevented immunity from attaching to the officers’ conduct.