Accordingly, the City of Alexandria cannot be held vicariously liable and will be dismissed with prejudice. London v. Ryan, 349 So.2d 1334, 1342 (La. App. 1st Cir. 1977). Plaintiff's opposition brief, pp. 11 and 13, R. #50.
In addition, "public officers such as mayors and police chiefs are not liable under the doctrine of respondeat superior [vicarious liability] for the actions of their subordinates." London v. Ryan, 349 So.2d 1334, 1342 (La. App. 1 Cir. 1977), writ denied 351 So.2d 171 (La. 1977). Rather, the City could be liable under respondeat superior for the negligent actions of the officers as described above.
Prattini v. Whorton, 326 So.2d 576 (La.App. 4th Cir. 1976). This duty is breached when an officer fails to announce his presence and identity or does not make sure that this announcement is heard and understood. London v. Ryan, 349 So.2d 1334 (La.App. 1st Cir. 1977), Cheatham v. City of New Orleans, 378 So.2d 369 (La. 1980). In our opinion, it is particularly important for a police officer to identify himself where, as here, the officer is in street clothes and is traveling in an unmarked car.
Additionally, we believe this position to be supported by reference to awards made in a number of cases cited to us by both parties. Appellant argues that the award is substantially more than previous awards for massive body injuries, citing Welton v. Falcon, 341 So.2d 564 (La.App. 1977); Wallace v. Pan-American Casualty Company, 352 So.2d 1048 (La.App. 1977); Faulk v. Power Rigged Drilling Company, 348 So.2d 219 (La.App. 1977); Willis v. Stauffer Chemical Company, 348 So.2d 158 (La.App. 1977); London v. Ryan, 349 So.2d 1334 (La.App. 1977); Anding v. Southwestern Insurance Company, 358 So.2d 690 (La.App. 1978); McKowen v. Gulf States Utility Company, 358 So.2d 675 (La.App. 1978). Appellant further suggests that guide lines for similar injuries are furnished in cases of Cooksey v. Central Louisiana Electric Company, Inc., 279 So.2d 242 (La.App. 1973); Coco v. Winston Industries, Inc., 341 So.2d 332 (La. 1977); Fusilier v. Russell, 345 So.2d 543 (La.App. 1977); Dupas v. City of New Orleans, 361 So.2d 911 (La.App. 1978).
Several decisions by Louisiana Courts of Appeal have also held police officers liable for their torts while acting as police officers. Indistinguishable from our case is London v. Ryan, La.App. 1 Cir. 1977, 349 So.2d 1334, writ denied 351 So.2d 171 (La.), where the individual police officer was held liable for shooting the innocent plaintiff in response to a shot from inside the barroom to which the police had been summoned. (Also held liable were the police supervisory officer on the scene and the city itself.)