[DOWNLOAD] "William R. Seguine v. City Miami" by Third District Court of Appeal of Florida * Book PDF Kindle ePub Free

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eBook details

• Title: William R. Seguine v. City Miami
• Author : Third District Court of Appeal of Florida
• Release Date : January 12, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

This is an appeal by the plaintiff, William R. Seguine, Sr., as personal representative of the estate of Wayne v. Seguine, deceased, from an adverse final summary judgment entered in a wrongful death action. It was alleged in the action that City of Miami police officers were negligent in the method by which they attempted to arrest the plaintiffs decedent, an alleged suicide risk, and that, as a result, the decedent drowned himself in a canal rather than submit to arrest. We conclude that a police decision, as here, as to what precautions, if any, to employ in order to physically arrest an allegedly mentally disturbed or suicidal suspect is immune from tort liability because (1) such decision constitutes a discretionary police function, and (2) no special tort duty is owed by the police to such a potential arrestee under these circumstances. We accordingly affirm the final summary judgment under review.

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