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Show THURSDAY, DECEMBER 24, 1970 THE DAI Lv Release 2362 009 567 581 Sec 042 Schenectady Sav rill W Broun etux Title, The Richard Lee to Bk 587 Mar. 594 1st Thrift In to Clifford & Jones 061 Ditto 062 Ditto 076 094 339 Western Sav In to Harry Olson & 122 136 In to Michael Kelner State Sav Lakeit to Jaren Gerd E 138 381 B 369 Peay Firemens Cr to Bernard SLCtlty Fed 377 Zion 5 1st hat Bk Mobile Village Valley Sincox etux In to Fed Bldg E J Parker Fred to Paul PFS In to Ivory etux Geo to American Sav Bob Marcus I Bennion etux L KcDougal etux 181 The Mutual Benefit David T Harris 132 Valley 3k to 1st hat Zions life Central Sav etux Title to J McShie Land C 1st Surety St In to St Sav Ditto 533 Zions 1st hat etux 201 Sec 209 Western Sav In to Vernon etux Kocha 1st hat Lycn Valley Bk etux 226 Ditto Tr to George In to John Fed 31dg !i Jo- C Mller A Jr Z Broun etux PFS to 554 1st Sec State V4n L L McDermaid Sav Derma id etux etux In to Ashton Badger The Equitable Life Assurance to Timm etux D 989 Raymond to State Sav Martin NO. 70-- 0 In to Christine K 69 21, 1970 BY: Commissioner James L. Barker PREPARED BY: Lake County Commission Vernon R. Romney, Attorney General S Keith Ronald Geo Whether CONCLUSION: M false arrest insur can purchase its police officers. Yes U.C.A. , 1953, Prior to the enactment of Section a permissible have been the purchase of such insurance might not purchase since the city had no liability for the tort of its on We to Ernest 609 Astrid J Zahler to Charles provides that the public entity employer all of its employees against all or any part of may his liability for injury or damage resulting from a negligent act or mission in the scope of his employment whether or not the entity is immune from suit and an expenditure for such insurance is declared to be for a public purpose. Section H Palmer Dear. 63-30- -33 insure any or Auwarter etux Tracy Collins 5k to believe that the purchase might be supported under two separate theories. Jackson R 33, employee. Rush-t- Baker etux Geo L city 63-30-- Wa'ilan etux to Arthur Bk n Ivory etux F Bk E December Salt Anderson Lumber to Exquisite Hme Bldrs Smith etux Tr to Charles L 675 Walker Bk Crane etux 690 John Lather to Barer.d Bruin etux Model Homes Home Fairdough Brewer to Western lldrs Mtge Acceptance to Keith 764 Benefit Trust Miner etux life Grover E to Philip S 474 Western Sav Johnson etux 479 1st 481 Kamas 501 Falrclough Brewer to Tuttle Const 527 Granite Teachers Cr to Smith etux to Alice Fed Sav St In to Glen In to St Sav 536 1st Sec St Reed 3 Ripplinger Reed 789 1st Mauerman R to Martin Vandersteen to Ellis 548 Western Sav Daynes etux 551 PFS 552 Donald to Myron R Park to Richard to In to 810 Fed Em Cr to J Scott 848 1st Co Bud to Fed Sav 849 Ditto 851 Zions etux 1st Kat A C Bk Seaboard Fin to Hansen etux dll Gary etux to Max R Sharp Maddox W etux Horrocks Don M Handy Earl Knorr etux 960 Faye B Fechser to John A etux Prudential Ins to Roulllard etux Gregrlch Whitman 987 The 995 FF5 996 Metropolitan Life to Harold etux A Crandall etux B Johnson etux to Crandall etux N to Wm X Ludwig G etux G Smith etux In to Lincoln M Bk Zions Sav E etux PfS St Sec 797 etux 547 1st Dial Fin Smith etux hat Ins to Glenn Fed Sav Tr to Arvella Bk 795 etux American Molyneux Walker Kounteer etux 940 to Leonard Bk Sachs Alma Jaynes K to Julian Manzanares Bk 528 B Inc to etux Ditto K 945 to Win It is also that such insurance might be considered to fringe benefit of employment and thus avoid the practical necessity of each officer purchasing his own insurance, and thus create an inducement to retain trained officers in the face of recruiting attempts from other larger states and to offer more inducement in recruiting new men for training. submitted be a recognize that the tort of false arrest in some cases could be considered an intentional rather than a negligent act. We do not believe that the Legislature intended to draw such fine lines or subject the whole question to the outcome of a particular suit. Recently an officer arrested a citizen after being informed by radio that an outstanding warrant for the citizen existed because of a traffic citation, when in fact the matter had been cloned and the warrant withdrawn. In such a situation it is clear that the city itself would bo immune from a false arrest action, but the officer's position might be determined in court. This situation clearly shows any absence of malice or any other intent than to enforce the law. The policy argument that the payment of such insurance premiums by the city would tend to make officers careless of the We 4ol 546 etal REQUESTED W 538 745 etux 539 PFS to R La monte S to oland Fed Sav 538 624 983 966 OPINION etux to Layton to John 3k etux 225 313 to life Ins to Homes Mac Standard Cred to Florence 135 294 to Research Bk Tr Walker Jk 1st In to Led Hyland Fin etux Young Life Ins to Farrell ance for 528 American Sav han son etux New York 962 Karl QUESTIONS: Ditto 202 Tr Robert Clark Richard Beneficial Fir. to LaKonte 184 Ohran Bk etal C is Southern to Ban The Western Lord an Flynn Joseph P. McCarthy, Chief Assistant Attorney General Ditto R to Robert is Lang Attorney General Opinion. Plott Tr to Carl 950 Gal an L Tr 895 Occidental Johnson etux 518 Title, to Robert Bk Edwin Stevens etux to etux 183 270 to Veryle Bk Floyd 479 E L Gal an Bk Johnson Dar.sley etux DeFond 269 881 !I 458 472 Ins to Tr to Charles to Stuart Bk Western Sav In to Relnhard Behreridt etux WLlbem A Vh R Anderson etux 422 K Valley Young Anderson Lumber 460 179 The 853 411 459 Valley In to American Sav 932 etux to James to Robert etal hordberg etux T John on etux Merrill etux 222 852 Zions 1st Nat to Ervin J Lager Isbell State Sav Freed Corp 820 1st Seo St etux Fran- Reese L Andersen etux to Westcrest Tr to Marshall Bk Inc to Ernest In to Dale GGLdg Walk A T Hlbler etux 819 v Occidental Life Ins to Zar Hayes etux etux American Nat Ins cis Durbano etux 896 etux Eckman W Wm D In to Burt Canter Thrift Hall etux 804 Harvey Tamo etux C 0 Kingston etux Staker etux 375 etux 137 etux etux Helton etux 103 to J Bk etux etux 095 321 G 324 etux 063 In to Joe Utah Mtge 770 to Fund Soo Harman Kitchman 714 The Capitol life Ins to Moeller etux E THREE Mortgages - Bouden 060 Ins to Melvin Philadelphia Sav Murray St etux to JoAnn Wins The Roger Tr to Bohan Const 039 059 to The Equitable Life Assurance John 0 Petersen etux The Prudential Kednick etux PAGE RECORD Myron 2360 - 690 Wm A Pod an and the disciplinary measures within the department itself will tend to discourage abuse. There are, of course, penal statutes to take care of the extreme cases. In a day when suit of a police of f i cor has become an occupational hazard both under State and Federal law, it would appear not only lawful but proper to insure its police officers from risks inherent to diligent performance of duty. The extent of the coverage, questions of contribution by the employee and the types of coverage which should be obtained are policy questions as to which ve express no opinion. Dated this 21st day of December, 1970. RESPECTFULLY etux 694 individuals rights if each officer must respond from his own funds for the violation of the rights of another is not persuasive. The officer could purchase insurance (and usually docs) SUBMITTED, etux to Robort J Ballow Mulliner Price J Dent etux f Man gun to Harold VERNON D. ROMNEY Attorney General 1 |