Question
As a newly hired security officer for the Eye Security Company you have been Assigned to a night-watch position at a natural gas well
As a newly hired security officer for the " Eye" Security Company you have been
Assigned to a night-watch position at a natural gas well pad and containment pond in Hide
Away County, PA. Your immediate supervisor tells you that after midnight a tanker truck
Will stop at the well stie and remove fracking water from the containment pond. You are told
To "forget what you see" by your supervisor when you ask where the water will be taken.
Your supervisor also tells you that a tree hugger has been taking photos at the stie and if you
See him to arrest him for trespassing and destroy his camera.
That night the truck arrives, and after it fills up its tank, you ask the driver where the water is
Going. He laughs and tells you "Just don't go swimming in the river (which is two miles from the well) if you like having skin on your body."
In the morning you see the environment activist taking photos of the containment pond.
You tell him he is under arrest for trespassing and that if he runs you may have to shoot him.
You do not have a gun and were only trying to scare him and ensure that you could obtain his
Camera. You handcuff him to the well platform and destroy his camera. You then call your
Supervisor and tell him what you have done. You ask him to call the police and have them
Take the activist off your hands. Your supervisor asks if you know a good attorney and then
All you hear is a dial tone. You try calling him but he never answers.
A. Could you have unknowingly violated the 4th Amendment to the U.S. Constitution?
B. Name three intentional torts that you may have committed.
C. Can the activist you arrested bring a suit against your company for negligence?
D. What are the three legal elements that the activist must demonstrate existed in order to prove a case of negligence?
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