· 6/19/1985
Hildenbrand v. Cox
Citations
- 369 N.W.2d 411
- 1985 Iowa Sup. LEXIS 1056
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- Noting its frequent reliance on the Restatement [Second], the court points to § 314A as instructive on law enforcement officers’ “special duty to aid and protect” arrestees.
- disregarding summary judgment affidavit because it was not supported by personal knowledge and would not be admissible in evidence
- affirming summary judgment dismissing tort claim by estate of drunk driver who died in accident shortly after police questioned but failed to arrest him following his collision with a planter on the town square
- affirming summary judgment dismissing tort claim by estate of drunk driver who died in accident shortly after police questioned but failed to arrest him following his collision with a planter on the town square
- affirming summary judgment dismissing tort claim by estate of drunk driver who died in accident shortly after police questioned but failed to arrest him following his collision with a planter on the town square
- decision by police whether to take an intoxicated person into custody is permissive rather than mandatory
Source: CourtListener parenthetical corpus (CC0).
Judges: McCormick, McGiverin, Schultz, Carter, Wolle
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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