Law college level
posted by Sparklez on .
Tragedy unfolded early this morning around 7:15 am as a local police officer failed to stop at a red light crashing into a crossing car wounding the officer but unfortunately killing a woman, and three children. Reports show that alcohol was not associated with the incident. The Chief of Police has issued a statement calling this tragedy one of the most unfortunate incidents she had seen in her life and she sends her condolences to the family.
During an independent investigation of the incident (as requested by the Citizen Review Board on discovery that the officer was moonlighting), it was determined that the officer indeed moonlighted as a security guard (against agency policy) and had finished his last shift at 3:30am on the day of the incident. In addition, the investigation uncovered dozens of incidents of officers moonlighting without one single citation in any case and in many cases; the officers moonlighted under the approval of supervisors.
The widow of the family killed has filed suit against the police agency and called for the officer to be charged with murder.
The spouse of the wife and children killed cite that the agency is vicariously liable for the officers actions as the agency knew of the officers moonlighting activities and allowing the officer to engage in such practices resulted in the death of his family.
As the attorney for the agency, your task is to clearly outline the relevant and associated issues of liability, propose to the mayor recommendations for proceeding (to pay the requested amount two million dollars or proceed with the case), and acting on behalf of the officer, what are the likely charges to be filed against the officer?
Please understand that no one here will do your work for you. However, we will be happy to read over whatever you come up with and make suggestions and/or corrections.
Please post what you think and write.