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Jones v. Lathram

6/21/2002

coolness and accuracy of judgment of one not involved in an emergency . . ." To determine the reasonableness of the police officer's actions there must be a balancing of the magnitude of the risk created by his conduct against the utility of his conduct. While a police officer has a duty to apprehend violators of the law and to respond to emergencies, " n the final analysis, however, a police officer's paramount duty is to protect the public. Unusual circumstances may make it reasonable to adopt a course of conduct which causes a high risk of harm to the public. However, such conduct is not justified unless the end itself is of sufficient social value. The general public has a significant interest in not being subjected to unreasonable risks of injury as the police carry out their duties."


I would reverse the summary judgment and remand this matter for a jury trial on the issue of Trooper Lathram's alleged negligence.






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