Can a police officer be held liable for failing to apprehend a felon who had been on surveillance at a laundromat?

California, United States of America


The following excerpt is from Ledger v. Tippitt, 164 Cal.App.3d 625, 210 Cal.Rptr. 814 (Cal. App. 1985):

Note too, that this tort calls for intentional, or at least reckless conduct intended to inflict injury or engaged in with the realization that injury will result. Thus, where police officers had a laundromat under surveillance for the purpose of apprehending a felon who had stabbed women on previous occasions, but the officers failed to apprehend a man resembling the attacker, and the plaintiff was stabbed, there was no affirmative misconduct justifying liability. (Davidson v. City of Westminster (1982) 32 Cal.3d 197, 210, 185 Cal.Rptr. 252, 649 P.2d 894.)

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