this post was submitted on 23 Aug 2024
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[–] ArbitraryValue@sh.itjust.works 26 points 3 months ago* (last edited 3 months ago) (3 children)

I think the legal principle here is that of a superseding cause. The case law on this matter is really complex and I, as someone who is NOT a lawyer, cannot comment on the merit of the judge's decision. However, the case described in that Wikipedia article is illustrative:

if a defendant had carelessly spilled gasoline near a pile of cigarette butts in an alley behind a bar, the fact that a bar patron later carelessly threw a cigarette butt into the gasoline would be deemed a foreseeable intervening cause, and would not absolve the defendant of tort liability. However, if the bar patron intentionally threw the cigarette butt into the gasoline because he wanted to see it ignite, this intentional act would likely be deemed unforeseeable, and therefore superseding.

[–] grue@lemmy.world 27 points 3 months ago

The case law on this matter is really complex and I, as someone who is NOT a lawyer, cannot comment on the merit of the judge’s decision.

What are you talking about? Of course you can! Any reasonable person can see that this decision is bullshit, nuances of superseding cause be damned.

[–] BertramDitore@lemmy.world 23 points 3 months ago (1 children)

Wow that hurt my head. I read the rest of the Wikipedia page and I think I understand, but damn, I’ll need to read the judge’s full opinion to see just how creatively he applied that principle. Tort law is not for me.

[–] MegaUltraChicken@lemmy.world 17 points 3 months ago

Tort law is essentially legal sorcery

[–] catloaf@lemm.ee 5 points 3 months ago* (last edited 3 months ago)

Sounds like that only reduces it to wilful negligence, not malice. There's still significant liability there.

Also, I'm pretty sure we're talking about the officers that wrote up the warrant request, not the ones actually on scene who did the shooting.