Sinthasophone V. Kantuke Case Study
Name of Case
Sinthasophone v. City of Milwaukee
Citation and Date Decided
The Estate of Konerak Sinthasomphone, by its special administrator, Anoukone Sinthansomphone; Soutnthhone Sinthasomphone; and Somdy Sinthasomphone, Plantiffs, v. The City of Milwaukee, a municipal corporation; Joseph Gabrish; John A. Balcerzak; and Richard Po-Rubcan, Defendants.
Civil Action No. 91-C-1121
United States District Court for the Eastern District of Wisconsin
838 F Supp. 1320; 1993 U.S. Dist. LEXIS 16709
Facts and Main Issue of Case
A young Laotian boy named Sinthasomphone, had been found by a group of women running naked and scared on the streets of Milwaukee. The good citizens called 911 and reported the incident to police so that the boy could be helped.
…show more content…
The denial of equal protection claim that was filed was remanded. The courts decided that the Officers involved have qualified immunity.
Qualified immunity would not have been granted if the Officer conduct violated Sinthasommphone’s constitutional rights.
Analysis
The U.S. District Court ruled regarding the U.S. Supreme Court had made a decision previously that the constitution protects people from intrusion of the state. Qualified immunity is a legal issue based on the factual occurrences of each individual case and should be judged on such facts. The police officers involved are to present the relevant facts of the case for determination of a qualified immunity.
It is important that we are able to give our law enforcement community the tools to act when needed, and if an officer is acting in good faith without negligence, then the courts must have a system in place to back that work. It is also important that policing is not an exact science, and like a Physician, it will always be a best practice according to the law, the individual, and the circumstances surrounding each incident. There are never two accounts exactly alike, and the qualified immunity is a must when working in an imperfect
Williamson V. City Of Houston Case Study
345 Words | 2 PagesWilliamson v. City of Houston, 148 F. 3d 462, Court of Appeals, 5th Circuit (1998) Facts: Linda Williamson worked as a police officer in a specialized division in the Houston Police Department. Williamson alleged a coworker, Doug McLeod, engaged in harassing behavior that created a hostile work environment for eighteen months. McLeod continued the harassing behavior after she told him it was offensive and to stop. Williamson reported McLeod’s harassment to their supervisor, Sergeant Bozeman.
Case Brief Williamson V. City Of Houston
660 Words | 3 PagesThe court also ordered the city to pay her attorney’s fees. The city appealed the ruling based on the grounds that they were not notified of the harassing behavior until after Williamson filed an internal complaint. Specifically, the city contended it could not be held liable for any knowledge the officer’s supervisor had regarding the sexual harassing conduct. The appellant court upheld the lower court’s
Sisco V. Jeffrey Sico Case Summary
86 Words | 1 Pages• P alleges excessive force and false arrest for criminal possession of a controlled substance. P alleges that he was driving his friend, Luis Zapata’s minivan when MOS pulled him over. P alleges that he provided MOS with a valid Puerto Rico’s driver’s license. P alleges he was strip searched at the precinct. Narcotics were in plain view.
A Case Of Sinthasomphone V. City Of Milwaukee
648 Words | 3 PagesThe question of the officer’s qualified immunity is addressed by asking whether protection from the government was needed. In this case the police did not murder Sinthasomphone, but Dahmer did. The question then becomes whether a special relationship was created and due process questions are put into motion. Qualified immunity is recognized for the officers involved because of the good faith they acted on with many of the statements and actions on scene being consistent with the appearance of Dahmer being Sinthasomphone’s caretaker. Hall v Ryan backs this up by saying qualified immunity is bound up by the facts of the case known to officers at the time.
The Case Of Bryan-Vs-Mcpherson
934 Words | 4 Pages(Bryan-Vs-McPherson, 2009) In the lawsuit, Bryan claimed his Fourth Amendment violated, assault, and battery, and intentional infliction of emotional distress, a violation of California Civil Code 52.1, as well as failure to train and related causes of action. (Bryan-Vs-McPherson, 2009) Officer McPherson filed an appeal, but the judge denied his motion for summary judgment based on qualified immunity. (Bryan-Vs-McPherson, 2009)
Williamson Vs Houston
822 Words | 4 Pages8. Principle of Law: The court states, the first of the City’s contentions is easily dismissed. The jury found that Bozeman had notice of the harassment, and it is well established that we must accept a jury’s factual finding if it is supported by substantial evidence. The City’s second claim—that as a matter of law Bozeman’s knowledge should not have been imputed to the City—poses a more significant question concerning the limits of potential liability under Title VII. This court has noted that “the type and extent of notice necessary to impose liability on an employer under Title VII are the subject of some uncertainty.”
Wilkins Vs Gaddy Case Study
458 Words | 2 PagesProcedural History: In March 2008, the petitioner filed a pro se claim in the United States District Court for the Western District of North Carolina pursuant to 42 U.S.C. §1983. The District Court dismissed the action stating Wilkins failed to state a claim and later denied
What Was Antoinette Frank Neglectful?
374 Words | 2 PagesIn the case Schneider v City of Grand Junction, the officer hired raped a female
Case: City Of Newark Firefighters Union
825 Words | 4 PagesThe Court’s legal conclusions: The Court reversed the initial judgement and ruled in favor of the Plaintiffs in the appeal citing the three arguments given in the City’s case were
Office Hymon Case Study
707 Words | 3 PagesThe district court was instructed to consider whether the municipality was entitled to become qualified immunity because its policies had been set in accordance with the state law, and if not, whether the use of deadly force to capture no dangerous fleeing felons was constitutionally permissible. On remand, the district court found that the Tennessee deadly force statute was neither unconstitutional on its face nor as applied. Because the district court found that Garner had not been deprived of any constitutional right, it did not reach the immunity issue. An appeal again was taken to the Sixth Circuit. The appellate court determined that the Tennessee deadly force statute violated the fourth and fourteenth amendments of the Constitution.
Summary Of District Of Columbia Vs Wesby
1299 Words | 6 PagesWesby was a very interesting case, that was just recently decided. I agree with the judges that for one there was no lawful arrest made and but I strongly disagree that there was not probable cause to make an arrest and lastly, I agree that the officers do have qualified immunity in this case. The officers made an unlawful arrest because they lacked evidence to charge the party goers with unlawful arrest. This is because the party goers did not know they were not supposed to be there at that time.
Justin Hopson Case Summary
883 Words | 4 PagesFiling a lawsuit against the New Jersey State Police in December 2003,
The Pros And Cons Of Community Policing
696 Words | 3 PagesThe United states and their police forces are doing the best they can to help keep the peace, but from bad publicity and less community policing they can barely hold on. Also anti-police movements of citizens who disagree with the force officer's use during arrests makes the officer's concern for safety even greater. However,the media will only report the negative sides of police and their duties they do everyday. Next the police are targeted by people and have been in the 60s and more recently in the past couple months.
The Importance Of Integrity In Law Enforcement
797 Words | 4 PagesWhile it can be interpreted as standing for ones beliefs, a police officer must uphold a high moral code in accordance to the society which is being served. The ethics to which police officers holds themselves, must include the character traits demonstrated in personal life, in addition to operating as public servants. If an officer is deemed untrustworthy at home, they cannot be trusted to work legally within the police department. Honesty within policing is just as important, where failing to admit a mistake can weaken a reputation and call previous cases into question. Although these traits can be trained into an individual, integrity must be developed personally before it can be applied
Criminal Justice Internship Essay
551 Words | 3 PagesIt is easy to learn about a subject from a book, but it is an entirely different matter to learn about a subject through real life experience. I hope to learn how to serve and protect while implementing the law correctly, especially in today’s world when the level of support for police officers is very low and the level of misconduct cases concerning the police are very high. It is not easy to know what to do in every situation, especially when some reactions are needed with very little or no time to think about. It is one thing to hear about a crime happening and the response that would be best to give, and another thing to need
More about Sinthasophone V. Kantuke Case Study
Williamson V. City Of Houston Case Study
345 Words | 2 PagesCase Brief Williamson V. City Of Houston
660 Words | 3 PagesSisco V. Jeffrey Sico Case Summary
86 Words | 1 PagesA Case Of Sinthasomphone V. City Of Milwaukee
648 Words | 3 PagesThe Case Of Bryan-Vs-Mcpherson
934 Words | 4 PagesWilliamson Vs Houston
822 Words | 4 PagesWilkins Vs Gaddy Case Study
458 Words | 2 PagesWhat Was Antoinette Frank Neglectful?
374 Words | 2 PagesCase: City Of Newark Firefighters Union
825 Words | 4 PagesOffice Hymon Case Study
707 Words | 3 PagesSummary Of District Of Columbia Vs Wesby
1299 Words | 6 PagesJustin Hopson Case Summary
883 Words | 4 PagesThe Pros And Cons Of Community Policing
696 Words | 3 PagesThe Importance Of Integrity In Law Enforcement
797 Words | 4 PagesCriminal Justice Internship Essay
551 Words | 3 Pages