Sinthasophone V. Kantuke Case Study

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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.
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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.
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

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