What must be remembered is that the law demands reasonable care in foreseeable situations. The following Canadian case serves as a good example of this principle. In that case, Mr. Funk, who had been arrested for drunk driving, hanged himself with his belt. Mrs. Funk claimed damages on behalf of herself and her children. Mr. Funk was entitled to have his gaoler exercise reasonable care to protect him from foreseeable risks.
Some people become suicidal as a result of incarceration.
Special measures are called for when a prisoner demonstrates suicidal tendencies. The measures adopted for certain types of risk must generally be followed with consistency. It is evidence that, in the absence of any explanation or rebuttal, could lead to a finding of negligence. I conclude that there is a duty to use reasonable care, and that the standards in the operating manual are reasonable standards. Neither Constable Clapp nor Mr. LaFleche took away Mr. Funk's belt because neither of them saw it in their search.