Read the post below and answer the questions:
1. Did the officer have a duty of care? Why or why not?
2. Was the duty of care breached? Why or why not?
3. Was the officer the cause of the harm? Why or why not?
4. What were the damages alleged in the case?)
POST: * Miami Dade County v. Arthur Walker.
* Arthur Walker who suffers from mental illnesses like schizophrenia and manic depression which doctors prescribed medications to control his illnesses, but in the summer of June 1986 he stopped taking his medication and began to suffer from hallucinations. One of the Metro-Dade Police officers was sent over to respond to disturbing complaints about a resident from the apartment acting strange. When the police officer arrived at the scene, Mr. Walker was banging his head on the apartment walls, the police officer tried to talk with Mr. Walker but he wouldn’t respond. The police officer then proceeded with requesting backup, backup arrived with a total off 8 police officer and after a struggling battle with Mr. Walker they were able to handcuffed him. During the intense scuffle with the police officers Mr. Walker suffered injuries and spent time in the intensive care.
* Mr. Walker went on to sue Miami Dade County because of the physical abuse that he experienced through the arrest and excessive force used by the police officers. He sued on the basis of the police officers violating his civil rights. Mr. Walker and his team claimed that the police officers weren’t trained in handling and dealing with mentally ill and it’s the reason why he fought back when the police officers were arresting him.
* The court reversed because the plaintiff did not established causation. The plaintiff injuries would’ve been suffered even if he wasn’t mentally ill because of the resisting arrest. The police officers would’ve used the same excessive forced to contain and control Mr. Walker.
* The plaintiff in this case decided not to take his medication for his mental illnesses and as a result began to hallucinate and act in a deviant behavior. Police officer arrived at the scene and plaintiff didn’t respond or cooperate with the police officer’s instructions. Police officers called for backup and plaintiff acted out aggressively in which it took excessive force for the police officers to bring down and arrest the plaintiff. Plaintiff sued on basis that they used excessive force and violated his civil rights. Plaintiff claimed that police officers weren’t trained in handling cases with mentally ill individuals and this why he was beaten. The judge states that the plaintiff mentally ill or not that police officers would’ve used excessive force and that this case wouldn’t be anything more than negligence and not a civil rights violation.
