FRANKFORT, Ky. (Legal Newsline) - The Louisville Police Department can’t be sued over an officer’s alleged sexual assault of a woman, a Kentucky appeals court ruled, rejecting the plaintiff’s attempt to overcome the sovereign immunity of local governments against tort lawsuits.
Angela Gaeta sued the Louisville County Metro Government and the police department in 2017, accusing former Louisville Metro police officer Pablo Cano of assaulting her in December 2016 while he was carrying his badge and gun. Gaeta accused the local government entities of failing to properly supervise its officers, who have been accused of sexual assault by two other women.
In an amended complaint, Gaeta said she named the Metro defendants to determine whether the officer was entitled to indemnification under the Claims Against Local Governments Act, which requires local governments to cover the defense costs of employees in tort lawsuits. The plaintiff claimed she wanted to find out if a judgment in her favor would be paid by the government.
A trial judge dismissed the case, however, finding that Metro hadn’t waived its immunity under Kentucky law. Gaeto appealed but the Kentucky Court of Appeals, in a Nov. 12 decision, upheld the dismissal.
The appeals court noted that CALGA requires local governments to defend employees against tort lawsuits unless they committed “fraud, malice or corruption” or acted outside the scope of their official duties. The Kentucky Supreme Court specifically ruled that the nothing in the law “purports to waive a county government’s immunity from suit,” only that it must pay the defense costs of employees in certain circumstances.
“We agree with Metro that whether CALGA requires it to indemnify Cano for any damages Gaeta may be awarded has nothing to do with whether it is entitled to immunity for Gaeta’s direct liability claims, nor does it prevent dismissal in this instance,” the court concluded.