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While there, Michael was attacked by Trevor Peters (Peters), Eric Johnson (Johnson), and Christopher Schleuning (Schleuning), other students attending the party. We recently upheld the application of the public-duty rule in Tipton v. W.2d 351, 358 (Tipton II ), citing various reasons supporting the doctrine. “Otherwise, lawbreaker culpability becomes increasingly irrelevant with liability focused not on the true malefactors, but on local governments.” Id. The facts in this case certainly do not warrant such a result. [¶ 14.] We then examine the relevant precedent in South Dakota. Therefore, in the case before us, the officers must have had actual knowledge that their failure to stop the party would lead to Michael being assaulted by individuals who attended the party. Failure To Avoid Increasing Risk of Harm[¶ 25.] This factor means the action of the officers must cause harm or expose Gleasons to a greater risk. Rather than demonstrate how the officers failed to avoid increasing the risk of harm, Gleasons simply argue the officers failed to use due care. Conclusion[¶ 26.] We affirm the trial court's grant of summary judgment in favor of Smith, Dean, and Lawrence County on the basis that a special duty does not exist on behalf of those parties as a matter of law.[¶ 29.] There are genuine issues of material fact concerning the exceptions to the public duty doctrine and the trial court should have allowed this case to go to a jury. THERE ARE GENUINE ISSUES OF MATERIAL FACT WHETHER DEFENDANTS HAD ACTUAL KNOWLEDGE OF THE POTENTIAL FOR VIOLENCE BY DRINKING MINORS.[¶ 31.] Deputies Smith and Dean were both in close proximity to this underage drinking party which they both believed to be the juvenile gathering mentioned in the anonymous telephone call. Dean also testified that the two officers contacted the chief deputy for guidance, and he agreed that probable cause was lacking. “[A] police officer may in appropriate circumstances and in an appropriate manner approach a person for purposes of investigating possibly criminal behavior even though there is no probable cause to make an arrest.” State v. After being hit and kicked repeatedly, Michael was driven by a friend to his parents' residence. Whether the trial court erred when it applied the factors relevant to imposition of liability on a government entity, and concluded that there was no genuine issue of material fact. One of these reasons is to promote “accountability for offenders, rather than police who through mistake fail to thwart offenses.” Id. This is particularly applicable to the case at hand, because to hold as Gleasons urge would be to hold the officers accountable for the unforeseeable actions of lawbreakers simply because the officers were unable to stop an underage drinking party. Therefore, we again decline the opportunity to open the floodgates of litigation and abrogate the public duty rule in South Dakota.[¶ 10.] II. [¶ 11.] Not having abrogated the public-duty doctrine, we address Gleasons' second argument on appeal. This rule states that “when a public entity acts on behalf of a particular person actively causing injury, the law may impose liability because the government has by its conduct already made a policy decision to deploy its resources to protect such individual.” Id. E.2d 2, 7 (1988) (holding there was no liability for the failure to provide police protection to witnesses who were to testify against the assailant); Wuethrich v. In Tipton I, this Court recognized that there may be certain circumstances in which a government entity possesses a special duty that results in liability. “Strong evidence concerning any combination of these factors may be sufficient to impose liability on a government entity.” Id. In addition, “actual knowledge denotes a foreseeable plaintiff with a foreseeable injury.” Id. [¶ 17.] Gleasons, however, merely argue there was substantial evidence that Smith was aware of juveniles consuming alcohol on the Huck premises. Even if we assume it is true that the officers failed to use due care and were unable to decrease any possible harm to Michael, we have stated, “[f]ailure to diminish harm is not enough.” Id. It is undisputed that no affirmative action by the officers “ ‘contributed to, increased, or changed the risk which would have otherwise existed.’ ” Id. “The burden of proof is upon the movant to show clearly that there is no genuine issue of material fact and that he is entitled to judgment as a matter of law.” State Dep't of Revenue v. Smith was actually on the premises, saw the bonfire surrounded by “a large gathering of people,” and was told by Huck that “The kids are drinking, and they're stayin' here.” Smith and Dean repeatedly testified in their depositions that they had a “gut feeling” and were suspicious that underage drinking was going on. Reasonable suspicion is a less demanding standard than probable cause not only in the sense that reasonable suspicion can be established with information that is different in quantity or content than that required to establish probable cause, but also in the sense that reasonable suspicion can arise from information that is less reliable than that required to show probable cause. He suggested using a spotting scope in order to identify an individual as a juvenile, thereby obtaining probable cause. Phelan, 9 F.3d 882, 886 (10th Cir.1993) (holding there was no special duty by the police officer to protect a family who expressed fear of a perpetrator); Calogrides v. Reasonable Reliance [¶ 20.] Gleasons fail to include an argument or cite authority in their brief concerning the second factor, reliance on the police officers' conduct. City of Mobile, 475 So.2d 560, 562 (Ala.1985) (holding that there was no liability based on the city's failure to deploy a certain number of officers to a scene); Shore v. 147, 444 A.2d 1379, 1384 (1982) (holding that public interest would not be served by second-guessing a police officer's exercise of discretion and creating liability for not arresting a drunk driver); Robertson v. 358, 644 P.2d 458, 463 (1982) (holding there was no special duty by the police officer to remove an unwanted person from another's premises even after receiving a warning); Motyka v. “Failure to cite authority violates SDCL 15-26A-60(6) and constitutes a waiver of that issue.” State v. See, e.g., SDCL 35-9-1: It is a Class 1 misdemeanor to sell or give for use as a beverage any alcoholic beverage to any person under the age of eighteen years unless it is done in the immediate presence of a parent or guardian or spouse over twenty-one years of age or by prescription or direction of a duly licensed practitioner or nurse of the healing arts for medicinal purposes. D.1994) (analyzing whether mobile home park was a public nuisance by examining its effect on residents of the park). Additionally, it has put an emphasis on the illegality of underage drinking. D.1995) (“To establish a duty on the part of the defendant, it must be foreseeable that a party would be injured by the defendant's failure to discharge that duty.”); Mark, Inc.
Christensen, Deadwood, for plaintiffs and appellants. As the students arrived, they were charged an entrance fee if they intended to drink the beer supplied by the Hucks.[¶ 3.] It is undisputed that two Lawrence County police officers received an anonymous tip of a potential juvenile party near Whitewood. The very essence of its function is to select from among conflicting inferences and conclusions that which it considers most reasonable. See SDCL 35-10-17: Any structure, conveyance, or place where alcoholic beverages are manufactured, sold, kept, bartered, given away, found, consumed or used in violation of the laws of the state, relating to alcoholic beverages, and all alcoholic beverages and property kept and used in maintaining the same, is hereby declared to be a common nuisance, and any person who maintains such a common nuisance is guilty of a Class 1 misdemeanor. S.2d 485, 489 (1953), where the City of New York was held liable for failing to abate a known nuisance when neighborhood children were injured while playing in a dangerous, abandoned building.
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