3 DQ w/student responses & one quick history paper

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CRJ 325 WEEK9 DQ

Week 9 Discussion AttachmentTop of Form

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"Legal Liability" Please respond to the following: 

· Officer Harris, a police officer in Kansas, violated a court order by refusing to arrest Frank, a husband against whom a restraining order had been issued by the court. Officer Harris’s refusal resulted in serious injury to Frank’s wife and daughter. A case is brought against Officer Harris alleging a violation of Section 1983 (federal law) and a violation of Kansas state tort law. Will Officer Harris be liable under one or both of these laws? Justify your answer.

· Reply to the post of at least one of your classmates with a meaningful reply that compares or contrasts the classmate's post to yours or adds further insight into the topic.  A meaningful Reply will typically contain at least 100 words.

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Hilda Duarte

RE: Week 9 Discussion Attachment

Section 1983 has been defined as a lawsuit against an officer, supervisor, and/or the department which must meet two requirements: 1) The defendant was acting under color of law and 2) There was a violation of a right given by the Constitution or federal law.

Officer Harris's actions, violated the rights of Frank's wife and daughter, by refusing to arrest Frank, which led to them getting harmed. If he had been arrested as instructed by the judge, this harm could have been prevented. Under the color of law is when an officer uses their power and in this case, he made his own decision to not arrest the offender. It was out of his own power and decision. In my opinion, because of the power he felt he had, he felt that he could refuse to arrest Frank. " An officer acts under color of law even if he or she acts against lawful authority" (Del Carmen). 

I also believe that Officer Harris is liable under Kansas state tort law. A tort is a civil wrong, that results in the action of one person, which causes injury to the person or property of another, is a violation of a legal duty imposed by the law. This would be Officer Harris's refusal to arrest Frank that resulted in the injury of the wife and daughter. it would be classified as a negligent tort as he failed to protect two members of the public. 

- Hilda

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