'Torts, Tasers and Causation', by Greg Hagen [LINK]
...For example, even if one could attribute 99% degree of causation to a non-tortious, pre-existing condition (say “excited delirium”) and 1% degree of causation to a tortious use of the taser by the police officer, 100% of the liability will be apportioned to the police officer’s tortious use of the taser.
...It follows that a police officer whose negligence proximately and unreasonably exposes someone to a risk of death who subsequently dies because of a pre-existing condition is not excused because the vast majority would not have suffered death or even severe injury.
That is actually a re-statement of the "Felony Murder" principle of Law.
ReplyDeleteIf, in the commission of any Felony, a victim dies, the proper charge is murder.
The example often used is that of a robber knocking a little old lady to the ground, while snatching her purse. The crime is "theft", a Felony, but if that very weak old lady dies of her injuries, the new charge is "Felony Murder", since a death resulted from the commission of the Felony.
The same Rule should apply to Law Enforcement exceeding their "Use of Force" policies regarding stun guns. If an officer feloniously assaults an arrestee with an ECD or stun device, meaning the use was beyond the officer's authorized guidelines for deployment, the proper charge should be a Felony (Assault & Battery), and if the victim dies, the proper charge should be "Felony Murder".
In January 2008, I posted this gem:
ReplyDeletehttp://excited-delirium.blogspot.com/2008/01/pre-existing-medical-condition.html
It's about the Thin Skull Doctrine.