Home » General Interest » Municipal Immunity for Discharge: Public Policy Not Serving Its Public By Chris R. Playter

Municipal Immunity for Discharge: Public Policy Not Serving Its Public By Chris R. Playter

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On June 28, 2011, the Missouri Supreme Court made its decision. It would not grant Jim Brooks’ Application for Transfer from the Missouri Court of Appeals. Public policy had been served.

Approximately three years earlier, Jim Brooks had been employed as a police officer for the City of Sugar Creek.1 While patrolling the city one night in his squad car, he witnessed a vehicle running a red light. After stopping the vehicle, Brooks administered a field sobriety test which the vehicle’s driver was unable to pass.2 From there, he placed the suspect under arrest and transported her back to police headquarters.3

Brooks followed procedure every step of the way as if second nature, unfettered by the suspect’s jabbering about her “close relationship with the Police Department” and her threats to arrange that his job be taken.4 This wasn’t the first time he had encountered such patter, and Brooks had been thoroughly prepared by his extensive training with the Academy to deal with a criminal who will say anything to be released. He could not listen to such nonsense. He had a job to do. He had a duty. Serve the public, protect its citizens, and get drunk drivers off the … Read the full text …

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