Yes, Officer Manden engaged in outrageous conduct when he interacted with Aleena Nikel. Conduct can be determined as “outrageous” by these five factors: (1) if there was a “special relationship” between the parties, (2) if the offended upon was “vulnerable,” (3) if the offender had an “ulterior motive,” (4) if the conduct was in a “public venue,” and (5) if the “character of the conduct” was sufficiently outrageous. House v. Hicks, 218 Or App 348, 363 (2008). Our client was in a special relationship with Aleena, she was vulnerable, and he appeared to have had an ulterior motive in his actions, so he will probably not be able to prove his conduct was appropriate.
FACTS
While several officers arrested a struggling suspect on the ground during
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Smithson v. Nordstrom, Inc., 63 Or App 423, 427 (1983). Five factors help determine if conduct was “outrageous”: (1) if there was a “special relationship” between the officer and Aleena Nikel, (2) if Aleena was a “vulnerable” person, (3) if Officer Manden had “ulterior motive,” (4) if the incident took place at a “public venue,” and (5) the “character [or nature] of the conduct.” House v. Hicks, 218 Or App at 363 …show more content…
Johns v. City of Eugene, No. 6:16-cv-00907-AA, 2017 US Dist. LEXIS 22768, at *26-27 (D Or Feb. 15, 2017). Johns, a federal case applying Oregon law, held that officer-citizen’s special relationships gave the officers “a greater obligation” to abstain from exposing the victim to abuse, fright, or shock while “in arm’s length” encounters among strangers when forcibly removing a citizen from his[/her] home. Id. at 27. Similarly, Officer Manden, due to his status as a police officer and hers as a citizen, was in a “special relationship” that required a “greater obligation” toward Aleena Nikel. Officer Manden pepper-spraying Aleena is comparable to the Johns police officers’ forcible removal of Johns from his home during his arrest because both involve a police officer exposing a citizen to abuse, fright or shock “in [an] arm’s length” encounter. Officer Manden violated these greater obligations when he sprayed her face from “twelve inches away”; well within “arm’s length.” Nikel, Aff. ¶
Many cases of police brutality where the victim is of different ethnicity can be highlighted more significantly. According to the book “Continuing the Struggle for Justice” (p.216), many people believe that the issue of race and police brutality should be treated as one and that on occasion police officers do...
There have been a number of officers who have been accused and convicted of using excessive force. In one case in a maximum security prison in New York there were two correction officers that were caught on video hitting an inmate that was handcuffed behind the back. According to the video it did not appear that the inmate provoked the assault in anyway. Both officers that were involved in the assault were later fired by the prison and they were found guilty of a civil rights violation.
Police officers have a significant level of discretion when ethical decision making is incorporated in deciding how to respond to a domestic violence call. For example, officers exercise discretion by deciding how to respond to domestic violence when a situation involves a fellow officer. America is a country in which many believe in privacy within the household and often choose not to be involved in a domestic dispute because families should resolve their own problems. However, discretionary powers abused by an officer are used to dissuade the victim from filing charges against the officer’s colleague. Officers often do not choose to arrest in a domestic dispute because they believe the family, not the justice system, should resolve the problem. If the police officer abuses his discretionary power by persuading the victim to not file charges, then he is going against community policing. This is because, he is not serving the interests of the community, but rather the code of silence within a police department. This discretion is exercised even more when the domestic violence situation involves an off duty police officer. When police officers commit domestic violence against their spouse it is usually explained by the fact that police officers deal with difficult citizens on a daily basis on the streets and as a result of the high levels of stress on the job bring their frustrations home and spouse becomes the scapegoat for his feelings (Wetendorf, 1998:3).
Crime is a part of society encompases the news and the public. A variety of studies of media content have estimated that as much as 25 percent of the daily news is devoted to crime (Surette 1992) and that crime is the largest major category of stories in the print and electronic media (Chermak 1994, 103). (Lawrence 18). With crime at an all time high, police are constantly having to deal with more and more issues. This can lead to stressed out and fed up officers, which can lead to poor decisions by an officer. The use of force by police is a highly controversial topic as it raises questions about a government’s ability to use force against its citizens (Lawrence 19). Today’s society is caught up on the ideals of civility and equality before the law, making police use of force a touchy
Police brutality is a very real problem that many Americans face today. The police carry an enormous burden each day. Police work is very stressful and involves many violent and dangerous situations. In many confrontations the police are put in a position in which they may have to use force to control the situation. There are different levels of force and the situation dictates the level use most of the time. The police have very strict rules about police use force and the manner in which they use it. In this paper I will try to explain the many different reason the police cross the line, and the many different people that this type of behavior effects. There are thousands of reports each year of assaults and ill treatment against officers who use excessive force and violate the human rights of their victims. In some cases the police have injured and even killed people through the use of excessive force and brutal treatment. The use of excessive force is a criminal act and I will try and explore the many different factors involved in these situations.
Research Paper Rough Draft: Police Brutality Police misconduct is as rampant as ever in America, and it has become a fixture of the news cycle. Police brutality is the use of any force exceeding that reasonably necessary to accomplish a lawful police purpose. The media is inevitably drawn toward tales of conflict, hence why there are so many crime and police stories on the news. Despite the increasing frequency of misbehaving cops, many Americans still maintain a high respect for the man in uniform. Still, police misconduct is a systemic problem, not just an anecdotal one.
Everyday law enforcement personal have the possibility to face dangerous events in their daily duties. In performing such duties a police officer could come by a seemingly ordinary task, and in a blink of an eye the event can turn threatening and possible deadly. When or if this happens to an officer they won’t have
As taught in the lectures, it is impossible for police officers to win the war against crime without bending the rules, however when the rules are bent so much that it starts to violate t...
Officers abusing their power can range from taking bribes, choosing who they decide to let go and who to prosecute, and even abusing their power by molestation. In July of 2009 two Phoenix police officers lost their jobs after they stopped a bikini clad woman who had run from a rear end collision. The officers handcuffed her, drove her back to the accident scene to complete the paper work, and then drove her to elementary school where they knew that they would be alone. When they reached the school one of them fondled her breasts, abdomen, and buttocks while the other one watched and did nothing to help he...
In the Ferguson article (2015), there was an example given about an African American man claimed that he was standing outside of of Wal-Mart, an officer called him a “stupid motherf****r” and a “bastard.” According to the man, a lieutenant was on the scene and did nothing to reproach the officer, instead threatening to arrest the man (p. 80). This demonstrates that the police in Ferguson had no respect for the civilian and even though the lieutenant was present, they did nothing. The officer was not suspended nor held responsible for this incident. By failing to hold officers accountable, it sends a message that officers can behave as they like, “regardless of law or policy, and even if caught, that punishment will be light.” (Ferguson, 86). This message serves to excuse officer wrongdoing and heighten community distrust. This is also to say that police can possibly get away with murder because they are higher officials and work for the
Carter, D. L. (1985). "Police Brutality: A Model for Definition, Perspective, and Control," in A.S. Blumberg & E. Neiderhoffer (Eds.), The Ambivalent Force. New York: Holt, Rinehart and Winston.
Stetser, Merle (2001). The Use of Force in Police Control of Violence: Incidents Resulting in Assaults on Officers. New York: LFB Scholarly Publishing L.L.C.
In the book, the author inform how effective is the lawsuit or criminal prosecution to help resolve police brutality. As a failure, it has been explained about how it wo...
Skolnick, J., Fyfe, J. (1993) Above the law: Police and the Excessive use of force. United States: The Free Press
Police decisions can affect life, liberty, and property, and as guardians of the interests of the public, police must maintain high standards of integrity. Police discretion concerning how to act in a given situation can often lead to ethical misconduct (Banks 29).