Crawford v. Eidman

Citations

• 129 F. 992
• 1902 U.S. App. LEXIS 5083

Syllabus

<p>1. Damages — Costs in Former Proceedings.</p> <p>A suit for the possession of certain real estate had been discontinues by a government officer, who had previously seized the property for violation of law, but who, without right, continued in possession after the discontinuance. Held, in an action for damages for thus wrongfully retaining possession, that the amount of costs in the former proceeding, incurred by the plaintiff in the latter case, formed no part of the damages which were recoverable.</p> <p>2. Public Officers — Liability—'Wrongful Possession of Private Property —Damages.</p> <p>Where a government officer, who has seized property used for illicit purposes, retains possession of it without color of process after his right to such possession has ceased, he is liable to the owners of the property for the damages suffered by them through such wrongful possession, even though he acted in good faith.</p> <p>3. Same — Exemplary Damages — Wanton Disregard of Private Rights.</p> <p>Where a government officer injures a citizen by any official act, he is, in addition to his liability for actual damages, subject to exemplary or punitive damages, if he proceeds in malicious or wanton disregard of the citizen’s, rights.</p> <p>f 2. Torts of public officers, see note to Mayor, etc., of City of New York v. Workman, 14 C. C. A. 534.</p>