Martinakom

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Teaching Since: Jul 2017
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Category > Law Posted 23 Jan 2018 My Price 8.00

Read the following hypothetical situation. Identify the appropriate standard used to review the case AND the applicable amendment.

Read the following hypothetical situation.  Identify the appropriate standard used to review the case AND the applicable amendment.  Then evaluate whether the plaintiff or the defendant officer is more likely to prevail based on that standard.  Completely explain your reasoning. 

Officers learned from another prisoner, Tat L. Tale, that Ian Mate, a prisoner in their facility,

was making plans to kill one of their officers.  As officers finally succeeded in getting Mate to leave his cell with rubber bullets, Mate yelled to Tale’s cell mate, “I know that Tale must have been the one to rat on me!  Tell Tale that when I get the chance, he’s dead!”  And Mate made a sign with his fingers across his neck as if he were slitting a throat.  Officers were right beside Mate when he said this.  However, no evidence of the planned murder was found in Mate’s cell and no charges were ever forthcoming because of the lack of evidence.  Three days later, Mate and Tale were in general population when Mate attacked Tale and slit Tale’s throat, killing Tale.  Tale’s estate sued the correctional facility on the theory that the facility failed to protect Tale from Mate. 

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Status NEW Posted 23 Jan 2018 11:01 AM My Price 8.00

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