question a lawyer may be able to answer [View all]
For a couple of reasons, I follow the wrongful conviction/exoneration news fairly closely.
Exonerees sometimes sue police and detectives responsible for their wrongful conviction, with varying levels of success - police are entitled to qualified immunity, so the bar to prove deliberate wrongdoing is very high. (Prosecutors can almost never be sued.) But in some cases, the officers involved had died before the suit could be brought, so the lawsuit lists the estate of that officer rather than the officer themself.
If such lawsuits are successful, who would actually be responsible for paying damages? Would it be the heirs of that officer's estate, or would this be covered by former employer's insurance, which in this case would be the police department or sheriff's office?
Just curious here.
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