Does a police officer have a legal duty to prevent a pedestrian from being struck by a vehicle while intoxicated?

A similar conclusion was reached in Stout v. City of Porterville (1983) 148 Cal.App.3d 937, 196 Cal.Rptr. 301, where the inebriated plaintiff was stopped by a police officer while walking down a street at 1:30 in the morning. Despite his obviously intoxicated condition, the officer did not take [179 Cal.App.3d 523] plaintiff into custody for violating Penal Code section 647, subdivision (f). Plaintiff was later struck by a vehicle and sued the city to recover for the injuries he sustained. The court found that the officer owed no legal duty to the plaintiff because the officer's conduct in no way increased the risk that plaintiff would be injured. (Id., at p. 945, 196 Cal.Rptr. 301; see also Jackson v. Clements (1983) 146 Cal.App.3d 983, 988, 194 Cal.Rptr. 553.)