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Torts Keyed to Henderson
Bassett v. Lamantia
Citation:
417 P.3d 299 (2018)Facts
Around 12:30 a.m., Officer Lamantia and his partner responded to a neighborhood disturbance. Lamantia observed a male suspect running into a driveway, jumping over a retaining wall, and proceeding into Bassett’s backyard. Lamantia identified himself as a police officer and ordered the suspect to stop. The suspect continued to run, and Lamantia followed on foot, jumping over the retaining wall but dropping his flashlight in the process. Meanwhile, Bassett came out of his house to investigate the commotion. Lamantia, searching for his flashlight, heard footsteps behind him and turned to see Bassett approaching. Fearing for his safety, Lamantia tackled Bassett to the ground. Upon realizing Bassett was not a threat, Lamantia released him. Bassett then pointed Lamantia in the suspect’s direction, and Lamantia continued pursuit. Later that morning, Lamantia returned to check on Bassett, who initially declined medical help but later reported his injury to the police department. Bassett was subsequently diagnosed with a torn rotator cuff and filed suit against Lamantia and the City of Billings.
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