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Torts Keyed to Prosser
Deuser v. Vecera
Citation:139 F.3d 1190
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- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
On the weekend of July Fourth, a fair was held in a national park (where the Gateway Arch was located) in St. Louis, Missouri. The park was within the jurisdiction of the National Park Rangers, a federal agency, who helped supervise the event. Larry Deuser (plaintiff) was one of the attendees at the fair. Deuser grabbed women on the buttocks during the event. The rangers warned Deuser to refrain from further misconduct. The rangers supervised Deuser for the remainder of the event. Deuser later urinated in public during the fair and the rangers arrested him. The rangers attempted to turn Deuser over to the St. Louis police, but they were too overwhelmed with the additional workload created by the fair on the July Fourth weekend. The rangers and the St. Louis police agreed to release Deuser, but to do so away from the park. Deuser was released in a parking lot about ten blocks from the fair, from where he wandered alone with no money and no transportation. Deuser, whose blood alcohol level was above the legal limit, wandered onto an interstate highway. Deuser was struck and killed by a motorist. Deuser’s survivors brought a wrongful death action against the United States (defendant) under the Federal Tort Claims Act, based on the alleged negligent act of deciding not to arrest Deuser and instead releasing him in a parking lot.
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