Overlawyered: Chronicling The High Cost Of Our Legal System

Fla.: police can be sued for releasing drunk

Better lock ’em up? A Florida appeals court has reinstated a lawsuit against the city of Boca Raton over its police department’s decision to release from police custody a highly intoxicated 24-year-old, Christopher Milanese, who then walked onto railroad tracks and was fatally struck by a train. [South Florida Sun-Sentinel; opinion courtesy Leagle]

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6 Comments

  • Sued if you do, sued if you don’t.

    The police keep him, they’ve violated his civil rights. They release him, they’ve endangered him. When does this end?

  • In the opinion, it says that they called him a cab, but the cab driver didn’t seem him and left.

    • By E-Bell

  • The family of the deceased were responsible for his arrest, which makes their interest more than pure opportunism.

    In a perfect world, the relatives would have the power to waive the drunk’s right to sue for false imprisonment, in return for the right to oversee his release and ensure it is safe.

  • How about just making sure he got in the cab and directing the cabby to take him home? Two minutes wasted? (No pun intended)

    • By Ariel

  • @ Ariel

    And if he is taken to his home, does not enter it, decides to go out again, and gets hit by the train, or perhaps gets in a car again, is someone other than the man responsible for this?? Does the cabbie have to watch him enter his house? Where do you draw the line?

    • By B.RAD

  • People hate that everything seems to be either compulsory or forbidden, but I think everything should be compulsory AND forbidden.

    Bob