Detective Marlowe Lawsuit Filed by Bahe Cook Cantley & Nefzger PLC Attorneys Raises Interesting Legal Issues
Recently, Bahe Cook Cantley & Nefzger PLC attorneys John A. Bahe, Jr., David Mushlin, and Brian D. Cook filed a lawsuit on behalf of several clients against former Louisville Metro Police Department Detective, Crystal Marlowe, for wrongfully arresting them, violating police department procedure, and keeping them in jail, despite their innocence, later confirmed when all criminal charges against them were dismissed. Read about the lawsuit here. Watch WHAS 11 footage about the lawsuit here. Marlowe was fired last week by LMPD for violating deparmtent policy.
The lawsuit states that Marlowe intentionally violated procedure while working as a police officer. In other words, she was acting “within the course and scope of her employment” as a LMPD detective. Not only does the suit allege the wrongdoing of Marlowe, but because she was working as a detective when she harmed these innocent victims, under a legal theory known as “vicarious liability” the lawsuit seeks to hold her employer, LMPD, responsible as well. The law in Kentucky states that an employer can be held responsible for the actions (or inactions) of its employees if they harm others while on the job, so to speak.
The lawsuit also seeks to hold LMPD responsible for its own negligence in permitting Detective Marlowe to continue falsely pursuing and locking up innocent victims. That is, if LMPD knew or should have known that Marlowe was making bad arrests, using bad photo ID’s to arrest innocent victims, repeatedly failing to show up for court appearances that needlessly prolonged many victims time in jail, or otherwise violating department procedure, then they should have done something about it. LMPD and Marlowe’s superiors had a duty first to supervise Marlowe and to make sure she was following the rules. Moreover, even if she broke the rules and they knew or should have known that she did (resulting in innocent people being arrested and locked up indefinitely), then they had a duty to act on it and discipline her. The lawsuit claims that Marlowe’s superiors within the department failed on both accounts.
Stay tuned for updates and developments in the lawsuit against Marlowe and LMPD.
