Drunken NJ Woman Who Doesn't Remember Arrest Continues Suit Against Cops

BELMAR, N.J. (CBSNewYork/AP) -- A woman who was intoxicated during her arrest can continue her lawsuit against two New Jersey police officers who allegedly failed to exercise reasonable care while she was in custody.

Linda Leone was arrested by Belmar police in 2010 for DUI after she admitted to having four drinks containing the equivalent of eight shots of vodka in less than an hour, CBS2 reported.

Leone injured herself after falling out of her chair several times while taking a breathalyzer test. The officers said she was later placed on the floor.

Leone was treated for a broken hip after she was released, but said she had no memory of the arrest or of falling.

"She was in a helpless state of intoxication so they just can't allow the woman to sit in a chair, fall off once continue their investigation and allow her to fall a second time," said Leone's attorney Robert Conforti.

A lower court had thrown out Leone's suit, saying the Belmar police officers were immune from liability. But the appeals panel found police do not have blanket immunity.

Belmar Mayor Matthew Doherty said the officers followed protocol.

"They took someone who was inebriated off the road, who was driving when people were going to school; brought her in, did everything they were supposed to do, and now we're being sued for that," Doherty said.

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