Friday, March 6, 2009

DA Hits Teenager's Car

According to (youtube) notes a teenager was hit by the DA and he left the scene. The teenager followed him and called 911 to have him pulled over. The DA refused the breathalyzer test and was forcibly removed from his car. The DA was eventually arrested but was not detained in a jail cell. I believe there are certain lines that have to be drawn when it comes to “prominent person” or “celebrities”. According to Buckley and Orent (2004), Prosecutors and judges acting in the scope of their positions are privileged and immune from liability for their actions. If this were not so, no one would accept such a position. It is inherent in these positions to occasionally intentionally injure someone mentally, emotionally, and by reputation. Prosecutors are charged with the responsibility of proving bad things about bad people. Liability for their mistakes would have a chilling effect on their performance; that is, they would be too afraid of making a mistake and thus err against social benefit. Judges must make decisions that intentionally injure persons and property. Again, without privilege and/or immunity, there would be a chilling effect that would render judges afraid to make a decision for fear of being wrong. Therefore, public policy has always been to allow these persons immunity from liability in the honest performance of their positions and the privilege to act accordingly. As a practical matter, the public officer immunity defense is not commonly litigated. The power of its protection precludes intentional tort recovery in most cases.

Did you read “In the scope of their positions”. Of course they should not be brought to court on any civil action that they performed in the line of their positions, but this was not during “office hours”. I believe, performing your duties as an officer of the State does not include going out and driving while intoxicated. Celebrities, no they should not be treated different than any other person, other than putting them in a separate cell. I believe criminals are apt to try something like blackmail because they know Celebrities have money.

W. Buckley & C. Orent 248 Torts and Personal Injury: Third Edition. (Canada: Delmar Learning 2004)


Connecticut Supreme Court Judge Hits State Trooper Car

http://www.youtube.com/watch?v=0HvbiECOAdY&feature=channel_page

Connecticut Laws on driving under the influence can be found at
Conn. Gen. Stat. § 248 (1963), under sections 14-227(a)(b).

The website is http://cga.ct.gov/2009/pub/chap248.htm

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