A. B. Christenson v. N.D. "Pete" Hayward

The plaintiff appeals from the granting of a motion to dismiss the complaint for failure to state a claim under Rule 12(b)(6), Utah R. Civ. P. The complaint alleged negligence of two deputy sheriffs based on their failure to arrest plaintiffs decedent, as allegedly they should have done under their statutory duty to "preserve the peace" and to "make all lawful arrests." The only point on appeal that requires review is whether the officers, believing the decedent to be drunk, failed to exercise the care of an ordinary person.