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Old 07-04-2013, 10:59 AM  
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Police protection?

Warren v. District of Columbia is one of the leading cases of this type. Two women were upstairs in a townhouse when they heard their roommate, a third woman, being attacked downstairs by intruders. They phoned the police several times and were assured that officers were on the way. After about 30 minutes, when their roommate's screams had stopped, they assumed the police had finally arrived. When the two women went downstairs they saw that in fact the police never came, but the intruders were still there. As the Warren court graphically states in the opinion: "For the next fourteen hours the women were held captive, raped, robbed, beaten, forced to commit sexual acts upon each other, and made to submit to the sexual demands of their attackers."

The three women sued the District of Columbia for failing to protect them, but D.C.'s highest court exonerated the District and its police, saying that it is a "fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen." [4] There are many similar cases with results to the same effect.
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Old 07-04-2013, 11:01 AM  
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Castle Rock v. Gonzales

WASHINGTON Ė June, 2005 - The Supreme Court ruled that the police did not have a constitutional duty to protect a person from harm, even a woman who had obtained a court-issued protective order against a violent husband making an arrest mandatory for a violation.

The police didnít respond to a womanís pleas for help after her estranged husband violated a protective order by kidnaping their three young daughters, whom he eventually killed.

For hours on the night of June 22, 1999, Jessica Gonzales tried to get the Castle Rock police to find and arrest her estranged husband, Simon Gonzales, who was under a court order to stay 100 yards away from the house. He had taken the children, ages 7, 9 and 10, as they played outside, and he later called his wife to tell her that he had the girls at an amusement park in Denver.

Ms. Gonzales conveyed the information to the police, but they failed to act before Mr. Gonzales arrived at the police station hours later firing a gun, with the bodies of the girls in the back of his truck. The police killed him at the scene.



Gonzales filed suit in the United States District Court for the District of Colorado against Castle Rock, Colorado, its police department, and the three individual police officers with whom she had spoken under 42 U.S.C. ß1983, claiming a Federally-protected property interest in enforcement of the restraining order and alleging "an official policy or custom of failing to respond properly to complaints of restraining order violations." A motion to dismiss the case was granted, and Gonzales appealed to the 10th Circuit Court of Appeals. A panel of the United States Court of Appeals for the Tenth Circuit rejected Gonzales's substantive due process claim but found a procedural due process claim; an en banc rehearing reached the same conclusion. The court also affirmed the finding that the three individual officers had qualified immunity and as such could not be sued.

The Supreme Court reversed the Tenth Circuit's decision, reinstating the District Court's order of dismissal. The Court's majority opinion by Justice Antonin Scalia held that enforcement of the restraining order was not mandatory under Colorado law; were a mandate for enforcement to exist, it would not create an individual right to enforcement that could be considered a protected entitlement under the precedent of Board of Regents of State Colleges v. Roth; and even if there were a protected individual entitlement to enforcement of a restraining order, such entitlement would have no monetary value and hence would not count as property for the Due Process Clause.

The gun-grabbers insist we should turn in our guns and rely on the police to protect us from crime. Yet the court continue to rule that the police are under no obligation to protect the
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Old 07-04-2013, 11:06 AM  
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The courts have decided that you have no right to expect the police to protect you from crime! Incredible as it may seem, the courts have ruled that the police are not obligated to even respond to your calls for help, even in life threatening situations! To be fair to the police, I think that many, and perhaps most, officers really do want to save lives and stop dangerous situations before people get hurt. While case law dates back to the early 1960's, a leading case on the topic is Warren v. District of Columbia, 444 A.2d 1 (D.C. Ct. of Ap., 1981) when the Court stated "fundamental principle of American law is that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen.
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Old 07-08-2013, 05:04 PM  
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If these Case Laws were not in place, our taxes would triple or quadruple due to the amount of lawsuits smothering our court systems.
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Old 07-10-2013, 09:40 AM  
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Around here we have our own protection.

A .45 caliber automatic, a 12 ga. shotgun, and a very watchful eye...
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