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White v. Revco Discount Drug Centers, Inc. | 33 S.W.3d 713 (2000)
When private employers hire off-duty police officers to take advantage of their police authority, does the private employer become liable if the officer commits a tortious act? The court considered that question in White versus Revco Discount Drug Centers, Incorporated.
James Woodfin caused a disruption in a Knoxville, Tennessee, Revco drug store. Danny Boone, an off-duty Knoxville police officer lawfully moonlighting as a Revco security guard, issued Woodfin a disorderly conduct citation and ordered him not to return to the Revco.
A month later, while Boone was working at Revco, the store manager told Boone that Woodfin had returned a few days earlier. At the manager’s request, Boone checked Woodfin’s previous citation and discovered that a bench warrant had been issued for failure to appear. The manager told Boone to go and arrest Woodfin on the bench warrant. The manager wanted to prevent Woodfin from returning to the Revco and to punish him for violating the prior no-trespass order.
Boone, accompanied by several uniformed police officers, went to Woodfin’s apartment. Woodfin wouldn’t let them in, so the officers called a maintenance worker to bring a key. While waiting, Revco’s manager called Boone back to the store to issue a citation to a shoplifter. Boone did so, then returned to Woodfin’s apartment. Armed with the key, Boone and the officers entered the apartment. Woodfin barricaded himself in the bathroom. The officers forced the bathroom door, and one of the other officers shot and killed Woodfin.
Jamesena White, Woodfin’s next of kin, sued Revco, Boone, and the City of Knoxville for wrongful death. Revco moved for dismissal, arguing that Boone had acted solely within the scope of his duty as a police officer when trying to arrest Woodfin. The trial court dismissed Revco from the case, and the court of appeals affirmed. White appealed to the Tennessee Supreme Court.
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5 окт 2024
