Friday, July 26, 2019
Police civil liability Essay Example | Topics and Well Written Essays - 8000 words
Police civil liability - Essay Example The pursued entered into other two officers and they were ordered to block the truck by closing the line it was driving. Tipsy did not stop but closed the line and collided with Oldsmobile. After collision, Tipsy and other two passengers in the Oldsmobile lost their lives. There after, the plaintiff filed a claim against the police officers, police chief and the police departments. In the case, the plaintiff claimed that the officers had violated or gone centrally to Section 1983 amendments. In the case, the plaintiff stated that the police did not observe the laws of pursuit in conduct of high speeding. In the case, in order to make the ruling the court must consider some facts. The court must prove that the circumstances which led to accident were as a result of police action. The pursuit involved the death of three people and the court must determine whether the action by police was the main cause of the death. In order for the officers to be held reliable for the death, the action by the officers must be the cause of the incident (Kappeler, 2006)v. Before making the judgement, the court must examine different facts. The court must examine the cause of the pursuit. The court has the duty to examine why and when the pursuit took place. The court also must examine whether the police adhered to the pursuits laws. The police also must examine the cause of accident and events leading to the accident. In the case the police officers was investigating a shoplifting crime. The officer started the pursuit in order to enforce the law by arresting a suspect. The police officer did not contact the pursuit for personal gains but was as a result of performing his duty. The court will determine whether the police officer acted for personal gain or for constitution purposes. In the case the police was enforcing the laws of the state. The court will also have the duty of
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