Gleason v. Peters
South Dakota Supreme Court
568 N.W.2d 482 (1997)
- Written by Sean Carroll, JD
Facts
Lawrence County police officers received a tip about underage drinking at a party at the Huck residence. Deputy Dave Smith (defendant) went to the party to investigate, discussed the party with Mr. Huck, and then left in order to discuss with Deputy Brian Dean (defendant) how to handle the party. Before they could return to shut down the party, they were called on another, priority matter. Michael Gleason (plaintiff) attended the party but did not drink any alcohol. While there, he was assaulted by other students at the party, causing significant injury. Michael’s parents (the Gleasons) (plaintiffs) sued Lawrence County (defendant), Smith, and Dean. The trial court granted the defendants summary judgment based on the public-duty doctrine. The Gleasons appealed.
Rule of Law
Issue
Holding and Reasoning (Amundson, J.)
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