Page 127 - Original 2020 Legal Guide By Jack Ryan

Task: Duty to Protect

Sinthasomphone v. Milwaukee, 785 F.Supp. 1343 (W.D. Wis. 1992).

Although officers generally have no duty to protect citizens from 3 rd

party harm, an officer will be held to a duty where some affirmative

act of the officer has created the danger to the person or otherwise

enhanced the danger to that person.

• Officers and Agencies may be liable for “state created dangers.”

• Officer’s conduct must have created or enhanced the danger in

order for liability to attach.

• In many cases danger is enhanced by depriving the person of other

available assistance.

©2020 Jack Ryan Legal & Liability Risk Management Institute 126