Part I:
Create a comparative analysis on the two cases: Taylor v. Riojas and Ulrich v. Pope County. You were introduced to each of these in the unit lesson and in the required unit resources. For this part of the assignment, explain the similarities and differences between these two cases. What drove the verdict to be different? What arguments were used? What do you think about those arguments? You will use this knowledge to answer Part III of the assignment.
Part II:
Review your research of the Elijah McClain case from Unit I. For this part of the assignment, explain the similarities and differences between the Elijah McClain case and Taylor v. Riojas and Ulrich v. Pope County. What drove the verdict in those previous cases, and what arguments may support or redact from the qualified immunity claim in the Elijah McClain case? What arguments were used? What do you think about those arguments?
Part III:
- Did the police officers meet their responsibility of due care for the arrestee's health in this incident?
- Did the emergency medical technicians (EMTs) and paramedics have the consent of the patient to provide care, and if not, did they violate the concept of due care?
- In a situation, such as this event, who has the crime scene responsibility for the safety and security of the arrestee?
- Identify three legal standards or precedents similar to the Elijah McClain case found in the required unit resources. Describe how these affirmations or defenses help or hurt the defendants in a civil or criminal case.
Part IV:
Also, for the Elijah McClain case, consider if a civil case is brought against these police officers and EMTs, would they qualify for immunity under the current laws of the United States? The following questions should be examined.
- Did Elijah McClain have the constitutional right to be free from detention and seizure? Why, or why not?
- Did the police officers have probable cause to arrest Elijah McClain? Why, or why not?
- Did the emergency medical technicians (EMTs) and paramedics have the authority to give Elijah McClain medication without his consent? Why, or why not?
- Were the police officers, EMTs, and paramedics acting under the color of law and with good faith in this arrest? Why, or why not?