Facts
- George Roberts went to Haven’s Lounge, where Club 21 was holding a private Christmas party in the barroom.
- The bartender told Roberts it was a private party, refused to serve him, and asked him to leave; Roberts refused, ate some chips the club members had brought, and a disturbance followed.
- The bartender called the police, but before officers arrived Roberts left and walked across the street to Shirley’s Pool Hall, where he bought a beer.
- Officer Horace J. Randolph, a 17-year police veteran, responded to the call and was told Roberts had caused the disturbance.
- Randolph knew Roberts from prior arrests and was aware Roberts had an extensive criminal record (including disorderly conduct, assault and battery, fighting, resisting arrest, and escape) and that Roberts was on probation.
- Randolph found Roberts at the pool hall, allowed him to finish his beer, and asked him to return to Haven’s Lounge to discuss the complaint; Roberts returned voluntarily.
- After hearing the complaint inside the lounge, Randolph arrested Roberts for violating the city ordinance against disturbing the peace; Randolph did not have an arrest warrant.
- Randolph ordered Roberts to walk outside to the police car. Roberts walked about five to six feet ahead with his hands above his head.
- On the way to the car, Roberts stopped twice and told Randolph to shoot him in the back because he was not going to jail; Roberts said he was on probation, the judge would “throw the book” at him, and he would rather die than go to jail.
- The third time Roberts stopped, he turned around, lowered his hands, and grabbed for Randolph.
- Randolph, testifying he was unsure whether Roberts was armed, stepped back and fired one shot from his hip, striking Roberts in the jaw; the bullet exited through the back of Roberts’s neck area.
- Roberts survived but suffered permanent impairment involving his jaw.
- Randolph had a slapstick in his pocket but testified he could not reach it in time during the sudden encounter.
- Roberts sued Randolph and American Employers Insurance Company (the city’s liability insurer) for damages based on an intentional tort arising out of the arrest and shooting.
- A jury found Randolph acted in self-defense, and judgment was entered for the defendants; Roberts appealed.
Issues
- Whether the evidence required setting aside the jury’s finding that Officer Randolph acted in self-defense when he shot Roberts during the arrest.
- Whether the circumstances of the warrantless disturbing-the-peace arrest and ensuing confrontation supported tort liability for Roberts’s injuries.
- Whether the city’s liability insurer could be liable under a direct-action theory if the officer was not liable.
Decision
- The Louisiana Court of Appeal, Third Circuit, affirmed the judgment for Officer Randolph and American Employers Insurance Company.
- The court held the record supported the jury’s conclusion that Randolph’s use of force was justified as self-defense under the circumstances the jury could reasonably accept.
- Given the affirmed finding of no tort by the officer, the insurer had no liability for Roberts’s claimed damages.
Legal Principles
- A defendant is not liable for an intentional battery if he proves self-defense, meaning force used was reasonable in light of an actual or reasonably apparent threat of bodily harm.
- When testimony about a confrontation is conflicting, an appellate court will not overturn a jury’s credibility choices and factual findings unless the verdict lacks reasonable support in the record.
- In assessing an officer’s claim of self-defense during an arrest, the factfinder may consider the officer’s knowledge of the arrestee’s prior violent conduct and the arrestee’s threats and actions at the scene.
- The existence of a less-lethal option (such as a baton or slapstick) does not automatically defeat self-defense when the factfinder accepts that the officer reasonably could not use it in time and faced a sudden threat.
- An insurer’s liability in a suit seeking damages for an insured officer’s conduct depends on proof of actionable fault by the insured; no officer liability means no insurer liability for the same event.
Conclusion
Roberts v. American Employers Insurance Company affirmed a jury verdict rejecting civil liability for a shooting that occurred during a disturbing-the-peace arrest, where the jury could reasonably find that Roberts’s repeated threats and sudden attempt to grab the officer created a threat justifying the officer’s split-second use of deadly force; with no tort by the officer, the city’s insurer also owed no damages.