Substrate Record: qid 1893

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qid 1893 · law

Question: On Thursday morning, two plainclothes police officers were shot to death while trying to arrest a bank robber who had just robbed a bank. Following the killings, the police issued an "all-points-bulletin" for the arrest of a 40-year-old Caucasian male (height, 6 feet; weight, 150-155 pounds), who had been seen near the location of the bank robbery. On Friday, a security guard at a local department store was walking down Main Street when he noticed a tall, African American man who fit the bank robbery suspect's description in age, height, and weight. The security guard approached the person (and believing him to be the bank robbery suspect), pulled a gun and arrested him. The security guard held the man in custody until the police arrived a short time later. The police officer informed the security guard that he had arrested the wrong person. The man had told the security guard that he was not the man who had committed the bank robbery and shot the police officers. The man was humiliated by the false arrest. If the man asserts a claim for assault against the security guard, he will

1. not succeed, because the man did not suffer any injury from the security guard's act.
2. succeed, if the man can prove the security guard had no reason to suspect him
3. succeed, if the security guard's mistaken belief was unreasonable.
4. not succeed, because the security guard was performing his duty
5. succeed, if the man saw the security guard pointing the gun at him.
6. succeed, if the security guard used excessive force during the arrest
7. succeed, if the man experienced emotional trauma as a result of the false arrest
8. not succeed, because the security guard did not intend to injure the man.

Our answer: E. succeed, if the man saw the security guard pointing the gun at him. Source quote machine-checked (exact quote)

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