Analyze a Case Scenario to Apply Tort Law and Recommend Policy Changes to Manage Civil Liability
The Signature Assignment will focus on an evaluation of tort liability in a comprehensive scenario. You are hired as a consultant by a local citizen’s review board for a police department. The citizen’s review board is considering the actions of one of its officers and want to understand the civil liability that is being alleged as a result in an incident. While your report is not the sole factor in deciding on the officer’s employment, the report is desired so that the board can understand the allegations in this case and whether Officer Smith, as well as the resident in question, would be civilly liable because of the acts. The facts presented are known to be true by the board. Consider the following scenario:
Officer Smith is on routine patrol during nighttime as a police officer. Smith sees a vehicle drive erratically and decides to stop the vehicle. Upon stopping the vehicle, the driver (hereafter known as Randy) flees on foot from the vehicle. Officer Smith begins to chase Randy on foot and chases him into a residential yard. The yard is in a rural area and has no lighting. Randy continues to flee through the yard and eventually disappears near the rear of the property. Officer Smith then finds that Randy has fallen into a deep stream bed just inside of a wooded area and took about a 10-foot fall while running. As a result, Randy appears to have broken his leg. Randy still attempts to get up and flee. Officer Smith grabs Randy because he is not able to move and takes him to the ground in order to handcuff him. During this time, a neighbor runs up to the area with a shotgun and tells both Officer Smith and Randy to stop what they are doing and put their hands up. Officer Smith tells the neighbor to back up and stay away until Officer Smith is done. The neighbor, not knowing that Officer Smith is a police officer because of the inability to see in the dark and some concealment in the woodline, again tells the men to get their hands up. This time, the neighbor raises the shotgun and fires a warning shot and levels the shotgun in the men’s general area. Officer Smith, upon hearing the gunshot and turning to see the shotgun aimed in his general area, draws his firearm and fires a shot at the neighbor, striking the neighbor. The neighbor is severely injured as a result. Randy is taken into custody.
After the incident, Randy files a lawsuit against the residence owner, Officer Smith, and the police department for unintentional and intentional torts against him. Randy alleges that the stream bed should have been fenced or marked, which would have stopped Randy from being injured. Additionally, Randy alleges that Officer Smith caused the injury because Officer Smith initiated a foot chase with Randy and that Randy would not have been injured if the officer had not chased him. Randy alleges that the police department should also be liable because Officer Smith represents the agency and should have been supervised to the extent that would have prevented the injury to Randy.
Additionally, the neighbor files a lawsuit against Officer Smith and the agency. As a result of the shooting, the neighbor can no longer walk. The neighbor alleges that Officer Smith should not have shot the neighbor because the neighbor did not intend or plan to shoot Officer Smith and was simply trying to protect his neighbor’s land.
You will analyze the incident to determine whether unintentional or intentional torts have occurred. You will use all of the aspects that you have learned in the course to determine if any of the actions rise to the level of a tort claim. Use relevant academic and legal research to form an effective conclusion about the liability of Officer Smith and the resident (owner of the residence). Along with using the knowledge that you have gained to accomplish this task, analyze the potential for defenses by Officer Smith and the resident. Detail the potential and rationale for each of the individuals in the incident. Additionally, analyze the potential for liability by the law enforcement agency. There will be some hypotheticals in this case, but you can describe and analyze these potential hypotheticals. Also, analyze any defenses that could be used by the agency. Lastly, analyze the impact that these actions and tort claims could have on the professional realm and society in general.
In the paper, you will:
Analyze the scenario to determine unintentional torts that have occurred.
Analyze the scenario to determine intentional torts that have occurred.
Determine the potential for the use of defenses based upon the incident dynamics.
Recommend liability for Officer Smith, the resident, and the agency based upon the legal knowledge that you have gained.
Support your paper with a minimum of 10 scholarly resources. In addition to these specified resources, other appropriate scholarly resources, including older articles, may be included.
To open these resources please cut and paste these citations into the search bar in Westlaw Campus Research.
Articles
22 Am. Jur. 2d Damages § 354 (2018).
2 A.L.R.3d. Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it 822 (n.d.).
Length: 12-15 pages, not including title and reference pages
Your paper should demonstrate thoughtful consideration of the ideas and concepts presented in the course by providing new thoughts and insights relating directly to this topic. Your response should reflect scholarly writing and current APA standards.
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