Discuss legal issues surrounding pete using pepper spray

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It had been a quiet night at the Happy Tap Bar until Joe showed up. Joe was a trouble-maker and was already drunk when he arrived. Most people were smart enough not to mess with Joe - at 6'7" and 350 pounds, Joe had been an amateur boxer until a few years ago. Plus Joe had a reputation that he always carried a gun with him. Isaac the bartender lived in an apartment above the bar and he was very familiar with Joe. He expected there to be problems when he saw Joe walk in the door. At first Joe kept to himself, but then he noticed Pete sitting in a booth. Through his drunkenness he recalled that Pete had cheated him out of ten dollars playing cards a few months back and that he had never gotten even. Joe threw his beer mug at Pete, breaking it on the wall above Pete's head, and yelled "I am gonna get my $10 out of your hide Pete!" Joe began walking toward Pete's booth, and Pete jumped to his feet. When Joe got within five feet, Pete sprayed him with pepper spray, and ran out the side door. Joe was not incapacitated by the pepper spray, but did not chase Pete. He turned and saw Isaac on the phone and knew he was calling the police. Joe started running toward Isaac, and Isaac fled up the back stairs to his apartment. He closed the door behind him, but Joe began pounding on the door. Isaac retrieved his gun, and called 9-1-1 again. Joe managed to break the door in and Isaac immediately fired his gun as Joe crossed the threshold. Isaac's shot hit the door frame next to Joe's head. Joe knew he did not want to get shot, so he retreated down the stairs. By that time the police had arrived. Joe did not like the police and decided he was not going to jail peacefully. Officer Bradley (who was 5'6" and weighed 150 pounds) had dealt with Joe before and knew his reputation as a fighter and former boxer quite well. The officer told Joe he was under arrest. Joe replied "You ain't taking me nowhere!" and began pounding his fist into his other hand. Officer Bradley pulled his pistol and told Joe to stop and get on the ground. Joe made a lunge toward the officer and Officer Bradley shot Joe. Joe survived the shooting and made a full recovery.

Discuss the legal issues surrounding Pete using pepper spray on Joe. Discuss the legal issues surrounding Isaac shooting at Joe. Discuss the legal issues surrounding Officer Bradley shooting Joe.

Reference no: EM133371550

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