Can police officers be found to have failed to stop the consumption of alcohol at a party where alcohol was served to minors?

California, United States of America


The following excerpt is from Harris v. Smith, 157 Cal.App.3d 100, 203 Cal.Rptr. 541 (Cal. App. 1984):

Jackson v. Clements (1983) 146 Cal.App.3d 983, 194 Cal.Rptr. 553, is on all fours with the instant case. There, plaintiffs alleged police officers investigated a party where alcohol was served to minors, including the defendants and the minor victim. Based on their observations at the party, the officers knew the minors were drinking alcohol in an amount sufficient to render them intoxicated. They also allegedly knew the defendants were too intoxicated to drive and that each intended to drive away from the party. In spite of that knowledge, police failed to stop the consumption of alcohol at the party and failed to prevent the defendants from driving while intoxicated. As a result of the officers' alleged negligence, the defendants caused fatal injuries to plaintiffs' decedents. (Id., at pp. 985-986, 194 Cal.Rptr. 553.)

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