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tazzygirl -> RE: Pepper Spraying a 62-yr. old (12/25/2011 8:44:17 PM)
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He died because of being pepper sprayed. He died after being told by the wife of his mental condition. He died after telling the cops he was having trouble breathing. He died in police custody. You tell me. What could the police possibly say that would make those facts not facts? There is a Duty of Care... The medical community is well aware of this.
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability.
Again, the most infamous case of the lack of this was Thurman vs City of Torrington. Their duty was to ensure, above all else, the prisoner's safety. You dont have to prove guilt to establish negligence.
Negligence (Lat. negligentia, from neglegere, to neglect, literally "not to pick up something") is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances.[1] The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.
Pepper spraying a man, then shoving a spit guard over his mouth, with the effects known of pepper spray that it affects the airways...
As I said... Criminal charges may never come. But civilly, the city just got fucked.
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