Question

ANY ANSWER WOULD BE A GREAT CONTRIBUTION.....THANK YOU SO MUCH

A community has had, for many years, a parade down the middle of its downtown, to mark the Feast of St. Sebastian. Many who attend seem to think that this is an opportunity to engage in public consumption of alcohol. Towards the end of the parade, a group suddenly jumps into line, holding a banner that says "Snipe hunting is animal cruelty!" The feast of St. Sebastian has nothing to do with snipe. People along the parade route suddenly swarm the street. Local law enforcement sees that violence could erupt, so it grabs the half-dozen or so people holding the banner, and hustles them off to a waiting police van. They are held for a few hours, until the crowds disperse, and then are released.

These people want to sue for a violation of their Federal civil rights. Will local law enforcement be able to escape liability by using the defense of privilege? Why or why not? Will local law enforcement be able to escape liability by using the defense of immunity? Why or why not?

Answer 1

The local law enforcement would not be able to escape the liability by using the defense of previlige beacuse every citizen is free to roa on the streets until and unless they pose a threat to the general public. By detaining them, it will be an issue of human rights as they are not allowed to do what they want to do. In this case , a group of people are protesting with a banner "Snipe hunting is animal cruelty" which is a protes that they are carrying.

In this case, the local law will be able to escape liability by using the defense of immunity. The reason being, the situation which was created was a risky one and the local law enforcement forces proactively took the step to avoid anycommotion and damage to people and public property. This was an act which was taken for the safety of the people around and also to ensure peace and safety amongst the location.