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A Case Of Sinthasomphone V. City Of Milwaukee

648 Words3 Pages

Estate of Sinthasomphone v. City of Milwaukee, 785 F.Supp. 1343 (1992)
Facts of the Case: Police were called to a street intersection in Milwaukee May of 1991 to investigate the report of a beaten, naked man. Police arrived and found a young man,
Sinthasomphone, beaten and naked who was unable to communicate in any way.
Witnesses urged the police to investigate further as they heard Sinthasomphone’s self- proclaimed caretaker, Dahmer, call the victim different names. Dahmer was polite and claimed to know Sinthasomphone stating he often got drunk and acted like this.
Police helped Sinthasomphone into Dahmer’s apartment where they saw the beaten man illicit photographs where he appeared to be a voluntary part of them. Thirty minutes after police left Dahmer murdered Sinthasomphone. …show more content…

Did the police violate the Sinthasomphone family’s right to equal protection?
Court Deciding: United States District Court, E.D. Wisconsin
Decision: The officers are entitled to qualified immunity, the due process claim is dismissed, and the claim of equal protection remain.
Principle of Law: The question of the officer’s qualified immunity is addressed by asking whether protection from the government was needed. In this case the police did not murder Sinthasomphone, but Dahmer did. The question then becomes whether a special relationship was created and due process questions are put into motion.
Qualified immunity is recognized for the officers involved because of the good faith they

acted on with many of the statements and actions on scene being consistent with the appearance of Dahmer being Sinthasomphone’s caretaker. Hall v Ryan backs this up by saying qualified immunity is bound up by the facts of the case known to officers at the time.
Sinthasomphone’s due process rights were not violated due to there not being evidence of resistance by him in regards to Dahmer taking custody of him. There were

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