NCJ Number
123735
Journal
Journal of Criminal Justice Volume: 18 Issue: 2 Dated: (1990) Pages: 117-131
Date Published
1990
Length
15 pages
Annotation
The article analyzes recent State court decisions in the United States on police liability for failure to restrain drunk drivers.
Abstract
It focuses on jurisdictions that either reject the public duty doctrine or have reinterpreted the special relationship/discretionary function doctrine to allow the filing of lawsuits and ultimately a finding of police liability. The legal theories used by the courts to establish a cause of action and the types of police conduct in drunk-driving situations that lead to police liability are also considered, focusing on cases in which innocent third parties have been injured by intoxicated drivers. The elements of negligence provide the framework for legal analysis. The public duty doctrine, with its exceptions, is studied and analyzed. Based on an analysis of decided cases, a model of judicial decisionmaking is developed. The article concludes with a restatement of contemporary legal principles on police liability for failure to arrest intoxicated drivers. 1 figure, 2 notes, 9 references. (Author abstract)