Old 08-07-10, 05:22 AM
  #88  
Paul Barnard
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It has been established legally that response organizations do not have a duty to respond (think LA Riots), only that if they do respond they respond appropriately. In this case the officer did not, in my opinion, have a duty to stop the cyclist. He did. Were his actions appropriate...were they consistent with his departmental policy, his training, his experience? In all liklihood yes. YOU, meaning everyone reading this, DO NOT WANT discretionary latitude taken away from officers. Would this keep someone from filing suit? No way. Would the cyclists family win the suit? Not very likely at all.


"The deputy reported having trouble seeing Jenkins and told him to stay out of the road before sending Jenkins on his way."

Had the subject simply followed the deputy's instructions, we wouldn't be having this discussion right now.
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