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In common law, there is a doctrine called "strict liability". Some activities, e.g. building demolition, are so inherently risky that, in the event of a tort,
by lambdaphagy 5y ago
In common law, there is a doctrine called "strict liability".
Some activities, e.g. building demolition, are so inherently risky that, in the event of a tort, the court does not bother to determine whether the defendant was malicious or negligent: the plaintiff is simply awarded damages.
Guarding Jeffrey Epstein seemed very much like a strict liability situation. If it was obvious to everyone on the planet that Epstein would have some sort of "suicide" on your watch, and you failed to bubble wrap him in gopros and triple-guard him with officers from three different units, you're just at fault, period.
Wardens can't realistically control every single thing that happens on their turf. But they can absolutely keep the single most important prisoner in the country alive, even against that prisoner's will, if they want to.
- atatatat 5y agoIf they want to.