MUNICIPAL LAW – Superior Court holds complaint seeking to compel Town to indemnify municipal police officers for future costs that officers may or may not incur was not ripe for adjudication

3/22/2018 | Philip R. Dunn, Jr.
prdunn@jacksonokeefe.com

Category: Municipal Law

Philip R. Dunn, Jr.

A third party sued a Southington police officer for negligence while off-duty, alleging that the officer failed to prevent his girlfriend from drinking and driving.  The bargaining unit of which the officer was a member sued the Town, its insurer, and its insurance agent seeking an order to compel the Town to defend and indemnify the officer, and to do the same for any other unit member in the same situation at any point in the future.  The Court granted the defendants’ motion to dismiss which argued, inter alia, that the claims were not ripe for adjudication.  The Court held that the relief requested was indefinite and imprecise, as the plaintiff sought to compel the Town to pay undetermined sums in the future that may or may not yet be awarded against the officer and other unknown members of the bargaining unit.   The claims against all three defendants were also subject to dismissal for lack of standing.  Law Enforcement Alliance of Southington v. Town of Southington, CV17-6039098 (01/16/2018)

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