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WOODRUFF v. CITY OF OTTAWA12/30/1997
the City did not have a written policy mandating that Totton be taken into custody under the circumstances. They assert that an unwritten policy to protect a third party was created when Officer Fitzgerald, the supervising officer, instructed Officer Weidl to observe Totton leave the club. We disagree. Under the circumstances, an oral instruction from a supervising officer to another officer to observe an intoxicated
person fell within the discretionary function exception of K.S.A. 75-6104(e) and did not create a special relationship with or a specific duty owed to the plaintiffs.
Affirmed.
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