Kernrechtsfrage
Whether § 40(2) StPO or the State Liability Act governs a claim for damage caused during assistance in an arrest.
Extrahierter Entscheid
Section 40(2) StPO, as the later and more specific rule, prevails over the State Liability Act.
Extrahierte Begründung
The court treated § 40(2) StPO as a special liability rule founded on fairness and intended to create strict state liability for private persons assisting in the arrest of a suspect.