Gann v. Matthews

Louisiana Court of Appeal
873 So. 2d 701, 2004 WL 326204 (2004)

ELI5:

Rule of Law:

Under the Professional Rescuer's Doctrine, a police officer assumes the inherent risks of making an arrest and cannot recover for injuries caused by a dependent risk, unless the arrestee's conduct creates an extraordinary risk or is so blameworthy that recovery should be imposed for punishment or deterrence.

Facts:

Tammie Matthews had a restraining order against her estranged husband, Terrance Matthews.
On June 28, 1998, Terrance went to the family home, where he slashed the tires on Tammie's car and broke windows on the house.
Officer Brenda Gann responded to a disturbance call and found Terrance, who was visibly intoxicated, staggering, and had slurred speech.
After being confronted by Officer Gann, Terrance threatened he might have a gun, then produced a box cutter, which he dropped upon command.
Officer Gann removed a child from Terrance's arms and attempted to handcuff him.
Terrance was not actively resisting arrest but was not placing his hands behind his back.
To subdue him, Officer Gann attempted a surprise knee strike maneuver known as a 'common peroneal strike'.
As she executed the maneuver, the intoxicated and 'off balance' Terrance moved slightly, causing Officer Gann to miss and strike her knee on a car bumper, resulting in a fracture.

Procedural Posture:

Officer Brenda Gann and her husband filed a lawsuit against Terrance Matthews, Tammie Matthews, and Allstate Insurance Company in a Louisiana trial court.
During the bench trial, defendant Tammie Matthews was voluntarily dismissed.
The trial court found in favor of the Ganns, awarding them $38,180.19 against Terrance Matthews and Allstate.
Terrance Matthews and Allstate, as defendants-appellants, filed a suspensive appeal to the Court of Appeal of Louisiana, First Circuit.

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Issue:

Does the Professional Rescuer's Doctrine bar a police officer from recovering damages for an injury sustained while attempting to arrest a non-resisting, intoxicated individual whose staggering caused the officer to injure herself?

Opinions:

Majority - Gaidry, J.

Yes, the Professional Rescuer's Doctrine bars recovery. The risk of being injured while arresting an individual is a 'dependent risk' that arises from the very emergency a police officer is hired to remedy. A professional rescuer can only recover for injuries from a dependent risk if the risk was so extraordinary it could not be considered assumed, or if the defendant's conduct was so blameworthy that tort recovery should be imposed for punishment. In this case, Officer Gann testified that Terrance Matthews was not resisting arrest, and he was not charged with that crime. His movement was due to his intoxication and instability, which Officer Gann was aware of and did not find unexpected. This conduct is neither extraordinary nor sufficiently blameworthy to overcome the doctrine's bar on recovery.

Analysis:

This decision refines the 'blameworthy conduct' exception to the Professional Rescuer's Doctrine in Louisiana. It establishes a clear distinction between active, criminal resistance and passive non-cooperation resulting from impairment like intoxication. The ruling narrows the ability of police officers to recover for injuries sustained during arrests of individuals who are not actively fighting back. For future cases, it reinforces that risks associated with an individual's physical state (e.g., drunkenness, instability), when known to the officer, are considered assumed risks of the profession.

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