Landis v. Rockdale County

I respectfully dissent. I agree with the majority’s initial application of traditional tort analysis with respect to whether the police officer had a duty to third parties to control Taggart’s conduct, but I cannot agree with the majority’s departure from this analysis to create what appears to be an expanded common law duty applicable to police officers.

The general duty of the police to protect the public is not a sufficient basis to support a tort action against the government or the officer for an alleged failure of an officer to prevent a potential tortfeasor from harming a third person.…