A Chicago officer who shot and killed a 19 year old suspect is suing (via counterclaim) the decedent's estate for trauma. The officer claims that the suspect assaulted him with a baseball bat during the confrontation. It is claimed by the officer that he suffered deeply from the traumatic experience of having the baseball bat nearly miss his head when swung by the suspect. In fact, the officer alleges that the suspect tried to hit him twice, nearly missing on each occasion. Although what…
“Maltreatment” the intentional and nontherapeutic infliction of physical pain or injury, or any persistent course of conduct intended to produce mental or emotional distress (Anon, s.a.:3). Every patient shall also be free from nontherapeutic chemical and physical restraints, except in fully documented emergencies, or as authorised in writing after…
cyber bullying is included under the First Amendment of the United States Constitution. Cyber bullying should not be protected under the First Amendment because people can be guilty of electronic harassment, cyber bullying can cause physical and/or emotional harm, and online perpetuations can be prosecuted. First, people that are cyber bullying can be guilty of electronic harrasment. Electronic harassment is a law in Utah that is put in place to catch any wrongdoing done by electronic means. “A…
The dynamics of Law dynamics are not always clear-cut. The complex entanglement of rules and exceptions to the rules illustrate the value of a legal education. For example, the hypothetical situation presented is complex. A renowned self-defense expert, Bond, prepares a blind simulated real-life scenario to illustrate to his students the gap between the classroom and reality. This simulation ends in a domino effect of chaos. Knight, a new student, attempts to defend Bond by stabbing his…
Case Citation: Bratton et. al. v. McDonough 91 A. 3d 1050 (2014) Background of Case: This is a civil case. It was tried by jury on July 16, 2012 in the State of Maine Superior Court of Somerset County. The jury found for the defendant. The plaintiff appealed to the Supreme Judicial Court of Maine. The case was decided on May 6, 2014. Facts: The plaintiffs in this case are Paula Bratton, Daniel Hills Sr., and their three children (represented by their parents). The defendant is Halsey McDonough.…
Many insurance companies now offer what is known as employment practices liability insurance (EPLI). Whether an employer elects to purchase such insurance coverage is a decision which should be made with care and only after a complete review of various options open to the employer. Your insurance agent or human resource consultant may urge your business to purchase employment practice liability insurance (EPLI) in the hope or belief that this insurance will protect your business against the…
state-ment about someone written or verbally (because the proof was disposed of), or a pos-sible lawsuit from Poddar for intentional infliction of emotional distress. Dr. Moore could have gotten sued for these things because they both have to do with saying some-thing so outrageous about another person that it affects them to the extent of tarnishing their name or causing them emotional distress, and for Dr. Moore to say that Poddar was planning on killing someone, and then Poddar never…
process rights, and that the violation was a result of a Chicago policy practice. They violated Fields rights by withholding evidence from defense attorneys that could have pointed him away from being the killer. Also, it made an intentional infliction of emotional distress finding against…
within the military” (Breyer). Their practice have caused more problems than solutions to today’s society. One problem that has sparked questioning was the of Phelps vs. Snyder. This case was the Snyder family suing Phelps for “intentional infliction of emotional distress and invasion of privacy” (Hanson 338-339). The reason behind the Snyder family suing the Phelps family was because on the day of Albert Snyder son,…
not to be taken seriously.” Thus, in this case, it was obvious to readers it was fictional and should be taken as satire. Jerry Falwell, the minister, sued the magazine and its editor Larry Flynt for libel, invasion of privacy and intentional infliction of emotional distress. Although the lower courts sided with Falwell, the U.S. Supreme Court ruled in favor of Hustler because the jury found the parody contained no assertion of…