Deuser v. Vecera

139 F.3d 1190 (8th Cir. 1998)

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Nature of the Case

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Facts

P was at a fair on the Fourth of July. Ds observed P grabbing women on the buttocks, to the obvious outrage of the victims and others. Ds warned P and continued to keep an eye on him. When he urinated in public, Ds arrested him. As the Rangers made their way to their tent with P, he was argumentative with them and continued making rude comments to female visitors. After a short conference, the Rangers elected to turn P over to the St. Louis police. The police department was overwhelmed with the additional workload created by the fair that was taking place on the federal park. The police were unable and unwilling to process P's arrest. The rangers and a police officer then decided to release P away from the park so he could not return later that evening. P was freed in a parking lot, alone and with no money and no transportation. After that, he wandered onto an interstate highway and was struck and killed by a motorist. P's blood alcohol was .214, well above the legal limit for intoxication. P's survivor's (P) sued the municipal and federal actors. The wrongful death action against the U.S. was dismissed under the FTCA. P appealed.