Legal Liability” Please respond to the following:
• Officer Harris, a police officer in Kansas, violated a court order by refusing to arrest Frank, a husband against whom a restraining order had been issued by the court. Officer Harris’s refusal resulted in serious injury to Frank’s wife and daughter. A case is brought against Officer Harris alleging a violation of Section 1983 (federal law) and a violation of Kansas state tort law. Will Officer Harris be liable under one or both of these laws? Justify your answer.
Respond to peer :
Christine Fondren
RE: Week 9 Discussion
Hello Professor and classmates,
Section 1983 refers to “a lawsuit filed under federal law” (Civil Action of Deprivation of Rights) that is seeking some form of damage against police officers, supervisors, or the police department. (shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.) A state Tote Law refers to “a civil wrong in which the action of one person causes injury to the person or property of another, in violation of a legal duty imposed by law.” In reference to the scenario above I would say yes that Officer Harris is in violation of both laws. First, Frank had a restraining order against him, but the officer did not make an arrest of him and as a result of this failure to do so, the wife and daughter suffered physical and serious harm. The tote violation is the second most common lawsuit against police or law enforcement officers. Officer Harris would likely fall under the “negligence tort” because officer Harris failed to perform a statutory duty to act reasonably toward those who may foreseeably be harmed by one’s conduct.
https://strayer.vitalsource.com/#/books/9781305854949/cfi/461!/4/4@0.00:13.5accessmay2020page 436, pg. 446
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