Gee, I Wonder How this Case Will End

As Paul Scott wrote when he sent in a federal district court opinion involving an excessive force claim against a Georgia police officer, it’s not too hard to figure out which side’s going to win the case when the court’s decision starts out by measuring the plaintiff’s sprained-wrist claim against “the rights of those thousands of American soldiers” who fought and died on D-Day in World War II:

This case demonstrates the proclivity of American citizens today to search for legal causes of action to redress every imaginable wrong. As we commemorate the 60th anniversary of the Allied’s invasion of Normandy during World War II, the Court must decide in this case whether the rights those thousands of American soldiers fought and died for on the beaches of France include legal recourse for a sprained wrist suffered by someone who was arrested for, and subsequently convicted of, the obstruction of a law enforcement officer.

Surprise! The plaintiff lost (the court granted defendant’s motion for summary judgment).

— Mladek v. Day, 320 F. Supp. 2d 1373, 1374 (M.D. Ga. 2004). Thanks to Paul Scott.

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Andrew Jay McClurg is a law professor whose teaching and research interests include tort law, products liability, legal education, privacy law and firearms policy. He holds the Herbert Herff Chair of Excellence in Law at the University of Memphis Cecil C. Humphreys School of Law.
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