Bassett v. Lamantia

417 P.3d 299 (2018)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Officer Lamantia (D) and his partner responded to a neighborhood disturbance. D observed a male suspect running into a driveway. The suspect jumped over a retaining wall and proceeded into Bassett's (P) backyard. D identified himself as a police officer and ordered the suspect to stop. The suspect continued to run and D followed on foot, jumping over the retaining wall but dropping his flashlight in the process. P came out of his house. D, searching for his flashlight, heard footsteps behind him and turned around to see P approach. Fearing for his safety, D tackled P. D released P as soon as he realized that P was not a threat. D continued pursuit. Later that morning, D returned to check on P, who declined an ambulance or medical help. A few hours later, P called the police department to report that he was injured during the encounter. P was diagnosed with a torn rotator cuff. P sued Ds alleging a state-law negligence claim against D for failing to exercise reasonable care in performing his duties and a 42 U.S.C. § 1983 violation. The United States District Court entered summary judgment in their favor on both claims. The court found that the public-duty doctrine shielded D and the City from liability because no special relationship existed. P appealed. The Ninth Circuit certified to this Court the public-duty doctrine question.