police officer never said he was a police officer how does that translate into him being on duty by him exercising what police officer should do by breaking up altercation you know peace between  i don't know as well what it says is that the fact that the public entity it that the payment is no different if it's a public entity than of it's private with regard to the agency worker's comp case from the lucky horseshoe but you want to double dip there to try to say it's on the dram shop it seems you know with that a little legally drink well it's a little legally counter intuitive but it strikes me it doesn't apply to  one a one point one he specifically says that any defense or immunity common law or statutory available to any private person is likewise available to local public entities preexisting actually existed a long time before those cases those cases just resolved when the contribution at changed that and and your position would be the same but the settlement with the agent extinguishes the principals liability even to deviate from the set a precedent holding that a plaintiff settlement with the agent extinguishes dritte of claims against the principal and also with respect to the scope of employment argument because the plaintiff settlement extinguish the claims against has to show in order to show scope of employment that the employee was performing kind of acts that he was hired to perform occurring them within the authorized time and space of work and was motivated to serve the employer versus his own is the city has faced some exposure for some pretty noteworthy cases where police officers were off duty and drinking and in one case shot another police officer inside a home see face exposure for that another case where two guys are parked off to the side of the road in a drunk police officer and then that car catches on fire and police officer officer runs away even though he's off duty and the city has some exposure there why plaintiff have the same benefit here well we don't submit that every single time a police officer is off duty he's you know never acting within the scope of employment these officers can use his authority as a police officer when he's off duty that every time a police officer tries to break up an argument with say his his children with an example that was mentioned before that he is acting within the scope of white men because that will keep him he's there needs to be something more  here we have is in a bar fight where under i just don't version of events in our fight where mr walsh is punching someone in the face on top of the bar and he somehow pushes or somehow causes the plaintiff go flying into table of into the ground and use hurling racial slurs at them like not wearing a uniform not using any kind of police equipment and does not announce officer showed his badge or other way purport to be thank you thank you something i feel that the facts in this in this matter of the record show that a fairly logical set of circumstances and analysis here and with no disrespect intended plaintiffs think it's a very counter intuitive the responses to to this so we have a release that's so i'm taking this full and final release for any injuries arising out of the incident the issue at the trial court looked at the r that is also puzzling st the st step of analysis just a logical progression even if we were to assume for a moment for the sake of argument that the dual ascii doctrine that exists that doesn't change the fact that the pla executed a complete release it's they're trying to put the cart before the horse here it's they even have the dog past the doctor and sister in law how does that impact the release and there's been no he was hired to do certain duties that are within that persona itself one he screen in people coming in and checking i d s because you can't have people that are underage and they're drinking or being present to another key it's within this persona of lucky horseshoe is the drinking establishment he's making sure that liquor doesn't get outside the building outside so he is playing a role white inside that persona of a drinking establishment so how a separate legal by flying an airplane to a business obligation or a tree or a palm print something like that they try to argue that because the supervisor was op flying the plane that they were holding themselves  operation to about patrons that are coming in hearing them out and also making sure the letter doesn't get out