Reference no: EM133293350

On the evening of August 9, Zachary Livingston ("Livingston"), while in town for work, met his co-workers at Cheers Cocktail Lounge. After a few hours of drinking at Cheers, Livingston had become intoxicated and was escorted outside by employees of Cheers. Once outside, he was "involuntarily handcuffed" by the employees of Cheers. Thereafter, at approximately 1:33 a.m., Boston Police Department officers were called and notified by Cheers employees that there was an intoxicated patron at the bar that needed to be escorted off the premises. Livingston was held outside the bar until the police arrived. Boston Police Officers Juan Velasquez and Joseph Rubin arrived and, knowing that Livingston was a danger to himself and others, placed him in the back of their patrol car and removed him from the premises. Plaintiffs also allege that Livingston had a blood alcohol level of .215% at the time of leaving Cheers. The officers then drove Livingston several miles away and unceremoniously released Livingston at a darkened intersection at approximately 2:08 a.m. At about 2:33 a.m., Livingston was hit on the roadway by an unknown hit-and-run driver. Livingston was found alive, but with severe injuries, and was taken to Hospital. Upon arrival, medical treatment was given, and a blood test was performed which indicated a blood alcohol level of .227%. Livingston did not recover, he subsequently died from his injuries.

Livingston's estate sues the police officers for negligence in Livingston's death.

Discuss the likelihood of success of a negligence claim against the police officers ONLY.