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HILDEBRANDT v. CITY OF FAIRBANKS5/1/1998
I. INTRODUCTION
A motorist was injured in a collision with a City of Fairbanks police car that was pursuing a fleeing arrestee's vehicle. We must decide here whether the City can be held liable under 42 U.S.C. § 1983 for failing to train its police officers in "pursuit driving." The superior court held that the City cannot be held liable under § 1983 absent a constitutional violation by the police officer, and that the police officer's conduct did not violate the motorist's substantive due process rights. Because we agree with that reasoning, we affirm.
II. FACTS AND PROCEEDINGS
This case arises out of a 1990 accident in which a City of Fairbanks police car driven by Officer Perry Williamson struck a car driven by Michael Hildebrandt. Hildebrandt v. City of Fairbanks, 863 P.2d 240, 241 (Alaska 1993) (Hildebrandt I). Williamson had pulled over a car driven by Robert Malone in a routine traffic stop, and determined that Malone was driving with a revoked license. Id. When Williamson attempted to arrest him, Malone fled in his car at high speed. Id. Williamson activated the emergency lights and siren on his patrol car and pursued Malone's car. During the pursuit, Williamson's patrol car entered an intersection on a red light and struck Hildebrandt's vehicle. Id. at 242. Hildebrandt had been traveling within the speed limit and had entered the intersection on a green light. Id. Hildebrandt suffered serious injuries. Id.
In May 1990 Hildebrandt sued the City under both common law tort principles and 42 U.S.C. § 1983. He based his § 1983 claim on the City's alleged failure to train its police officers adequately in vehicle pursuit. Id. The City admitted prior to trial "that Williamson was negligent and that the City was responsible for some portion of Hildebrandt's damages." Id. The superior court then granted the City's motion for summary judgment on the § 1983 claim. Id.
After a bench trial, the superior court found that "Hildebrandt, Williamson and Malone were all negligent and the negligence of each was a legal cause of the accident and resulting injuries sustained by Hildebrandt." Id. The superior court also found that the City was negligent in failing to train Williamson properly. Id. The court made the following allocation of fault: sixty percent to Malone, thirty-two percent to the City and Williamson, and eight percent to Hildebrandt. Id.
Hildebrandt appealed, arguing that the superior court erred in treating Malone as a separate party for purposes of apportioning fault, in finding that Hildebrandt was comparatively negligent, and in granting summary judgment on the § 1983 claim. Id. at 241-42. In Hildebrandt I, we affirmed the superior court's decision on the first two issues, but reversed the grant of summary judgment, finding that material issues of fact remained regarding the § 1983 claim. Id. at 243-44, 246. We remanded the § 1983 claim to the superior court for additional findings. Id. at 246.
After a second bench trial, the superior court found that Officer Williamson's conduct did not shock the conscience and therefore did not violate Hildebrandt's Fourteenth Amendment substantive due process rights. The superior court also found that the City could not be held liable under § 1983 for its failure to train police officers in pursuit driving when there had been no constitutional violation by the individual officer. It entered judgment against Hildebrandt.
Hildebrandt appeals. The City cross-appeals.
III. DISCUSSION
A. Can the City Be Held Liable under § 1983 Absent a Constitutional Violation by an Employee?
Hildebrandt argues that the City can be he
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