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P1 First Person: Don’t sue the police – prosecute them!

By Mark Albrechtsen
PoliceOne Member

In September, two Delaware County (Ohio) deputies and a State Highway Patrol trooper were charged after they failed to arrest a drunken man who spoke little English and left him at a Taco Bell. Not long afterward, the man was struck and killed by a vehicle.

All three officers were charged under the Dereliction of Duty statute, which states, “No law enforcement officer shall negligently fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in the law enforcement officer’s power to do so alone or with available assistance.”

Based on the language of that statute, officer discretion ceases to exist.

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