Duty Of Care And Failure

866 Words4 Pages
Duty of Care and Failure to Protect Doctrine and Vehicular Pursuits Cause Lability Issues Under federal civil rights statute and tort negligence, Title 18, U.S. Code, Section 242, government officials can be held liable for damages if the official violates a plaintiff’s constitutional rights under the law (Peak, 2012). For example, if an officer arrests someone unreasonably, the Fourth Amendment guarantees everyone the right to be free of unreasonable seizure and the officer can be charged with misconduct and sued. Also, under the Fifth and Fourteenth Amendment of due process provides grounds for civil rights lawsuits under “special relationship” and “state-created danger” guidelines (Rutledge, 2010). Government officials are held to the duty doctrine, which states that police have a duty to protect the public where they have a special relationship. Neglectful practices not only affect an individual official charged with misconduct, but it can also adversely affect the agency and taxpayers under public relations and monetary damages. Therefore, government official can be held liable under civil law if he or she has reason to believe or is involved in harming others and fails to protect or prevent injury or damages in the given situation. As a result, there are three concepts as it relates to duty of care called: proximate cause, safe facilities, and persons in custody. According to Peak (2012), proximate cause relates to whether or not the officers conduct caused the
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