Brown v. Avery

THOMAS, Justice.

The issues in this case evolve from the failure of a police officer to arrest a driver whom the officer had stopped for a traffic violation and whom the officer realized had consumed alcoholic beverages. The significant legal question relates to whether there was a causal relationship, qualifying under the concept of proximate cause, between the failure to arrest and a roll over of the vehicle driven by the individual who was not arrested. The case was decided by a summary judgment and presents the usual threshold question of whether a genuine issue of material fact is found…