Explore BrainMass

Police Officer Duty of Care Requirements

5. Five Commerce City police officers were summoned to break up a disturbance at a local party of teenagers. At the party, Ralph Crowe, who had consumed eight cups of beer and three cups of alcoholic punch, became rowdy and had to be detained by the officers. The police released Ralph after receiving the assurances of his brother Eddie that he would drive Ralph home. After leaving the party, Eddie Crowe allowed Ralph to take the wheel. Instead of going home, Ralph drove to the site of another party, where he lost control of the car and ran down six people. The police officers were sued for negligence in releasing Ralph. Did the five officers owe a duty to the six victims of Ralph's drunk-driving accident? Explain. Leake v. Cain, 720 P.2d 152 (CO).

Solution Preview

In a situation of this nature, the police officers performed their duty by detaining a rowdy individual, but these police officers should have detained or arrested this individual until ...