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Billy and his girlfriend were having a violent domestic dispute. A neighbor called the police. When a police officer arrived the two were hitting each other and pulling each other's hair. The cop separated them, sat Billy down on chair and put handcuffs on him. While this was occurring, the girlfriend went to the kitchen to get a knife. She returned just as the handcuffs were being applied to Billy and slit Billy's throat.

A wrongful death suit is brought against the Police Department. Identify and evaluate the strength of any possible strategies of legal defense. (7 line limit)

bitch
be
nuckin
futs.
cuff
her,
bro.

thebull wrote:Billy and his girlfriend were having a violent domestic dispute. A neighbor called the police. When a police officer arrived the two were hitting each other and pulling each other's hair. The cop separated them, sat Billy down on chair and put handcuffs on him. While this was occurring, the girlfriend went to the kitchen to get a knife. She returned just as the handcuffs were being applied to Billy and slit Billy's throat.

A wrongful death suit is brought against the Police Department. Identify and evaluate the strength of any possible strategies of legal defense. (7 line limit)

That's a very poor hypo. Without further details as to the conduct of the officer at the time of the slashing, I would not answer this question with any serious analysis. Was his back turned? Did he watch her walk up and slash him? Was he even in the room? Did she run and lunge at him? Did she knock the cop over? You MUST include these details or else an opposing counsel will 12(b)(6) the shit out of this due to lack of sufficient evidence.

Another torts question -- How do you guys analyze nuisance on your practice exams? I always feel like I am not saying enough.

thebull wrote:Billy and his girlfriend were having a violent domestic dispute. A neighbor called the police. When a police officer arrived the two were hitting each other and pulling each other's hair. The cop separated them, sat Billy down on chair and put handcuffs on him. While this was occurring, the girlfriend went to the kitchen to get a knife. She returned just as the handcuffs were being applied to Billy and slit Billy's throat.

A wrongful death suit is brought against the Police Department. Identify and evaluate the strength of any possible strategies of legal defense. (7 line limit)

Not sure how to evaluate until I'm done with civ final, but thinks I'd look at for defenses are immunities, proximate cause, possibly limited duty, and possible no breach of standard of care but if like more facts because it does seem as though they were negligence. Oh definitely the custom of what is usual procedure.

Does anyone know whether to look at custom on a local or national scale here? Ie. Local police departments v. National police departments

christmas mouse wrote:

thebull wrote:Billy and his girlfriend were having a violent domestic dispute. A neighbor called the police. When a police officer arrived the two were hitting each other and pulling each other's hair. The cop separated them, sat Billy down on chair and put handcuffs on him. While this was occurring, the girlfriend went to the kitchen to get a knife. She returned just as the handcuffs were being applied to Billy and slit Billy's throat.

A wrongful death suit is brought against the Police Department. Identify and evaluate the strength of any possible strategies of legal defense. (7 line limit)

Not sure how to evaluate until I'm done with civ final, but thinks I'd look at for defenses are immunities, proximate cause, possibly limited duty, and possible no breach of standard of care but if like more facts because it does seem as though they were negligence. Oh definitely the custom of what is usual procedure.

Does anyone know whether to look at custom on a local or national scale here? Ie. Local police departments v. National police departments

You'd almost certainly want to look nationally. I may be a little off here, but I'm pretty sure the distinction is largely one relating to information flow. The local department, in this day and age, can't claim to be particularly unaware of broader customs. They may, however, have some reason to rely specifically on local customs.

savagedm wrote:

thebull wrote:Billy and his girlfriend were having a violent domestic dispute. A neighbor called the police. When a police officer arrived the two were hitting each other and pulling each other's hair. The cop separated them, sat Billy down on chair and put handcuffs on him. While this was occurring, the girlfriend went to the kitchen to get a knife. She returned just as the handcuffs were being applied to Billy and slit Billy's throat.

A wrongful death suit is brought against the Police Department. Identify and evaluate the strength of any possible strategies of legal defense. (7 line limit)

That's a very poor hypo. Without further details as to the conduct of the officer at the time of the slashing, I would not answer this question with any serious analysis. Was his back turned? Did he watch her walk up and slash him? Was he even in the room? Did she run and lunge at him? Did she knock the cop over? You MUST include these details or else an opposing counsel will 12(b)(6) the shit out of this due to lack of sufficient evidence.

Wow, I look like an ass here.. sorry for the sharp response, I was having a bad night last night (exams ftl). But my inquiries still stand

thebull wrote:Billy and his girlfriend were having a violent domestic dispute. A neighbor called the police. When a police officer arrived the two were hitting each other and pulling each other's hair. The cop separated them, sat Billy down on chair and put handcuffs on him. While this was occurring, the girlfriend went to the kitchen to get a knife. She returned just as the handcuffs were being applied to Billy and slit Billy's throat.

A wrongful death suit is brought against the Police Department. Identify and evaluate the strength of any possible strategies of legal defense. (7 line limit)

professional standard of care/reasonable person under circumstances?
unreasonable risk? burden? low (handcuff them both and then ask qs) risk? potentially high....unreasonable risk check
foreseeable plaintiff? yup
breach? negligence when cop allows girl out of sight? I'd say.
causation: but-for check/foreseeable? check
damages:
defenses? immunities? idk i'm tired