Most states, have domestic violence laws that require law enforcement officers to arrest suspects for domestic related misdemeanor assaults not committed in the presence of the officer if they can determine that the suspect is the primary aggressor in the situation. This is a departure from the historical criminal procedure and developed as a response to the growing problem of domestic violence.
If a law enforcement officer encounters a domestic violence situation, fails to make the arrest required by the statute and the victim is killed later that night, should the officer be civilly liable to the victim and her heirs? Discuss the public duty doctrine and the case law using the internet for research text in relation to these mandatory arrest laws. Does the Supreme Court’s decision seem logical to you or does it seem like an attempt to limit government liability?