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  • Law School Case Brief

Biscoe v. Arlington Cty. - 238 U.S. App. D.C. 206, 738 F.2d 1352 (1984)

Rule:

To determine whether the Full Faith and Credit Clause requires that the District apply Virginia's law regarding the immunity of its counties, we must ascertain the District's policies and determine whether they would be violated by application of Virginia law. See Nevada v. Hall, 440 U.S. at 422 

Facts:

This case involves the liability of Arlington County, Virginia, and one of its police officers, for serious injuries to an innocent bystander arising out of a negligent high-speed police pursuit of a suspected bank robber into the District of Columbia. As a result of the negligent pursuit, the plaintiff, Alvin Biscoe, had one of his legs severed and the other severely injured, ultimately requiring amputation. A jury returned a verdict in favor of the injured plaintiff and his wife, and the County and its officer have appealed.

Issue:

Does the Full Faith and Credit Clause require that the District apply Virginia's law regarding the immunity of its counties?

Answer:

No

Conclusion:

The court affirmed the jury verdict and held that the federal Constitution does not require recognition of Virginia's immunity rules in this case, and that resolution of the issue is left, as in Nevada v. Hall, to state law.

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