Duty to Discriminate
There is no such thing as freedom without responsibility.
An Indianapolis Metropolitan Police Department Officer who was shot and wounded by a suspect he killed returning fire may proceed with his lawsuit against a gun dealer that sold the gun to a straw purchaser, the Indiana Court of Appeals ruled Thursday. The officer’s case is supported by law enforcement and public policy organizations.
In a case of first impression, three judges wrote three opinions in the case, KS&E Sports and Edward J. Ellis v. Dwayne H. Runnels, 49A02-1501-CT-42, but the majority affirmed the trial court’s denial of judgment on the pleadings in favor of KS&E Sports. Runnels alleges the gun dealer made a negligent, reckless and unlawful sale of a .40 caliber handgun to Tarus Blackburn. He and convicted felon Demetrious Martin were at KS&E Sports together when Martin told store personnel which gun he wanted. The two left, and Blackburn returned a short time later to purchase the same gun, which he sold to Martin for a $50 markup in the gun store parking lot.
Two months later, Runnels stopped Martin’s vehicle on reports he was involved in an armed robbery and shooting. Martin stepped out of the vehicle and fired twice at Runnels, and one bullet hit him in the upper pelvis. Runnels fired back, killing Martin. ATF traced the gun to KS&E Sports and Blackburn.
There are times and circumstances that invoke a duty to discriminate, and there are times when discrimination is a legal requirement, and failure to do so can be the "proximate cause" of a crime or tort.
This case is a good example of the fact that there is no such thing as blanket immunity from the fundamental requirement to act reasonably and responsibly.
/fl