Exercise 17
Hank sues Officer Krupke and the Albuquerque Police Department in metropolitan court, asking for damages and a restraining order because the officer is following him and has arrested him numerous times. Hank’s suit alleges that he has suffered humiliation and loss of friendships because his friends are afraid to associate with him.
What can the metropolitan court do?
- A. Award Hank damages against Officer Krupke and APD for their unlawful harassment of him.
- Sorry, but that's not the correct answer. Please select another.
- B. Award Hank damages only, because metropolitan court cannot issue restraining orders.
- Sorry, but that's not the correct answer. Please select another.
- C. Nothing. Metropolitan court can’t issue restraining orders or award damages against public officials even if those officials have committed torts.
- C is correct. The jurisdictional limits on magistrate and metropolitan courts would prevent either court from proceeding in this case, except to dismiss it without prejudice.