Bar Exam (US) Torts: On Thursday morning, May 14, two plain clothes Riverdale police officers we...

Question

On Thursday morning, May 14, two plain clothes Riverdale police officers were shot to death while trying to arrest a paraplegic bank robber who had failed to surrender to begin a 20-year prison term.

Following the killings, the Riverside police issued an "all-points-bulletin" for the arrest of Jack Franklin, a 40-year-old Caucasian, height: 6 feet, weight: 150–155 lbs., who had been paralyzed below the waist from a Riverdale bank robbery (that occurred 16 months earlier).

On Friday May 15 Bill Nelson, a security guard at a local department store, was walking down Main Street in Riverdale when he noticed a tall black man who fit Franklin's description walking with a slight limp. Nelson approached the person (and believing him to be Franklin), pulled a gun and arrested him. Nelson held the man in custody until the police arrived a short time later. The police officer informed Nelson that he had arrested the wrong person. The man had told Nelson that his name was Jones, not Franklin. Jones was humiliated by the false arrest.

If Jones asserts a claim for assault against Nelson, he will

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    succeed, if Jones saw Nelson pointing the gun at him
  2. B
    Correct Answer
    succeed, if Nelson's mistaken belief was unreasonable
  3. C
    Correct Answer
    not succeed, because Nelson didn't intend to injure Jones
  4. D
    Correct Answer
    not succeed, because Jones didn't suffer any injury from Nelson's act
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