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Justices Rule Police Do Not Have a Constitutional Duty to Protect Someone (2005 SC case)
NY Times ^

Posted on 01/09/2013 3:01:18 PM PST by Red in Blue PA

WASHINGTON, June 27 - The Supreme Court ruled on Monday 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 decision, with an opinion by Justice Antonin Scalia and dissents from Justices John Paul Stevens and Ruth Bader Ginsburg, overturned a ruling by a federal appeals court in Colorado. The appeals court had permitted a lawsuit to proceed against a Colorado town, Castle Rock, for the failure of the police to respond to a woman's pleas for help after her estranged husband violated a protective order by kidnapping their three young daughters, whom he eventually killed.

(Excerpt) Read more at nytimes.com ...


TOPICS: News/Current Events
KEYWORDS: awb; banglist; castlerock; feinstein; obama; scotus
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Citizens have no Constitutional right to police protection. How many know that this is still the law of the land? None from my experience.

If on social media, spread this SCOTUS case from 2005.

Also, if you know an anti, have them Google this on their phone while standing there: "Castle Rock Gonzales NY Times" and watch their face as they pull this article up.

1 posted on 01/09/2013 3:01:26 PM PST by Red in Blue PA
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To: Red in Blue PA

America is now a country with a Tyrant-by-Fraud
and no Law.


2 posted on 01/09/2013 3:04:35 PM PST by Diogenesis (Vi veri veniversum vivus vici)
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To: Red in Blue PA

If the police don’t have a duty to protect us, then what is the point in having them?


3 posted on 01/09/2013 3:07:28 PM PST by SoCal SoCon (Conservatism =/= Corporatism.)
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To: Red in Blue PA

It looks like the redirect does not work. This should:

http://www.nytimes.com/2005/06/28/politics/28scotus.html?_r=0


4 posted on 01/09/2013 3:13:21 PM PST by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Red in Blue PA

This is not new to me, there have been at least two previous SCOTUS rulings upholding the fact that police have no duty to protect anyone, (and cannot be punished for failure to do so) even if they voluntarily promise to protect a person.


5 posted on 01/09/2013 3:14:21 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: SoCal SoCon

That’s among other reasons why we have the 2nd Amendment. We have a duty to protect ourselves. It is the aim of the present rogue government to deprive us of that right and duty as well.


6 posted on 01/09/2013 3:14:48 PM PST by Argus
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To: SoCal SoCon
If the police don’t have a duty to protect us, then what is the point in having them?

Revenue enhancement and donut sales.

7 posted on 01/09/2013 3:15:47 PM PST by elkfersupper ( Member of the Original Defiant Class)
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To: Red in Blue PA

I believe the first ruling to this effect dates back to the 1850’s.


8 posted on 01/09/2013 3:16:52 PM PST by Tijeras_Slim
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To: Red in Blue PA

Horrible decision.


9 posted on 01/09/2013 3:16:52 PM PST by RIghtwardHo
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To: SoCal SoCon
If the police don’t have a duty to protect us, then what is the point in having them?

To provide revenue to the municipality of their jurisdiction.

10 posted on 01/09/2013 3:17:39 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Argus; All
If you are on Facebook or Twitter, spread this far and wide
11 posted on 01/09/2013 3:17:39 PM PST by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Red in Blue PA
Doesn't this take away the argument from the Left that people don't need guns for self-protection because it should be left to the police?

-PJ

12 posted on 01/09/2013 3:18:29 PM PST by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Red in Blue PA
 
 
Meh - there's a literal pile of these rulings that span across the decades, partial list below -
 
Riss v. City of New York, 22 N.Y.2d 579, 293 NYS2d 897, 240 N.E.2d 860 (N.Y. Ct. of Ap. 1958)
 
Keane v. City of Chicago, 98 Ill. App.2d 460, 240 N.E.2d 321 (1968)
 
Silver v. City of Minneapolis, 170 N.W.2d 206 (S.Ct. Minn. 1969)
 
Simpson's Food Fair v. Evansville, 272 N.E. 2d 871 (Ind.Ct. of Ap. 1971)
 
Sapp v. City of Tallahassee, 348 So.2d 363 (Fla.Ct. of Ap. 1977)
 
Weutrich v. Delia, 155 N.J. Super 324, 326, 382 A.2d 929, 930 (1978)
 
Chapman v. City of Philadelphia, 434 A.2d 753 (Sup.Ct. Penn. 1981)
 
Warren v. District of Columbia, 444 A.2d 1 (D.C. Ct. of Ap., 1981)
 
Davidson v. City of Westminster, 32 C.3d 197, 185 Cal.Rptr. 252, 649 P.2d 894 (S.Ct. Cal. 1982)
 
Bowers v. DeVito, 686 F.2d 61 (7th Cir. 1982)
 
Morgan v. District of Columbia, 468 A.2d 1306 (D.C. Ct. of Ap. 1983)
 
Morris v. Musser, 478 A.2d 937 (1984)
 
Calogrides v. City of Mobile, 475 So.2d 560 (S.Ct. A;a. 1985)
 
 

13 posted on 01/09/2013 3:20:00 PM PST by lapsus calami (What's that stink? Code Pink ! ! And their buddy Murtha, too!)
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To: Political Junkie Too

Precisely....and why I posted it.

Please spread this on Facebook or Twitter as I am not on those.


14 posted on 01/09/2013 3:20:02 PM PST by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Red in Blue PA
If the police don’t have a duty to protect us, then what is the point in having them?

Traffic tickets for citizens, but not illegal aliens.

-PJ

15 posted on 01/09/2013 3:20:15 PM PST by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: SoCal SoCon
If the police don’t have a duty to protect us, then what is the point in having them?
To study the victim to find the perp so that he can gamble in court.
16 posted on 01/09/2013 3:20:28 PM PST by jmcenanly ("The more corrupt the state, the more laws." Tacitus, Publius Cornelius)
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To: Political Junkie Too

Something else to throw in the face of the antis:

Slain student called 911, but no one came in time (48 minute response time=dead girl)

http://www.cnn.com/2008/CRIME/12/16/grace.coldcase.zimmerman/index.html


17 posted on 01/09/2013 3:21:38 PM PST by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Tijeras_Slim

I get their point, that this could open up every city/county to every imaginable lawsuit possible if protection or services are not provided to a precieved level desired. BUT that aside, I think with the restraining order the LEOs/courts were put on notice and therefore are brought into the situation a level higher than your average Gladys Kravitz calling about the neighbor’s dog pooing on her lawn again. My 2 cents.


18 posted on 01/09/2013 3:22:23 PM PST by enraged
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To: Red in Blue PA; All

The Battle of Athens: Restoring the Rule of Law

The Battle of Athens was an armed rebellion led by WWII veterans and citizens in Athens and Etowah, Tennessee, United States, against the tyrannical local government in August 1946.

http://www.youtube.com/watch?v=U5ut6yPrObw


19 posted on 01/09/2013 3:23:59 PM PST by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Political Junkie Too
Doesn't this take away the argument from the Left that people don't need guns for self-protection because it should be left to the police?

What could possibly take away from a leftist twit's Bizarro World argument?

20 posted on 01/09/2013 3:24:08 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Red in Blue PA

This ruling is morally and legally wrong.


21 posted on 01/09/2013 3:25:02 PM PST by TBP (Obama lies, Granny dies.)
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To: TBP
This ruling is morally and legally wrong.

You are confusing law and justice.

Presently in the US we have law and Just Us.

22 posted on 01/09/2013 3:28:32 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: TBP
Re: This ruling is morally and legally wrong.

This is also one of the strongest cases for the 2A. Peoples eyes literally widen when they see this headline. Nobody knows that this is the current Law of the Land.
23 posted on 01/09/2013 3:30:51 PM PST by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Red in Blue PA

I agree with this decision. As citizens, we do not and should not have a “constitutional right” to government services.


24 posted on 01/09/2013 3:32:00 PM PST by Parmenio
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To: Red in Blue PA

I haven’t read it yet, but this seem like a reaffirmance of DeShaney v. Winnebago County (1989), otherwise known as the “poor Joshua” case. Joshua was a child beaten to the point of brain damage by his father, even though the city’s child protective agency had sufficient notice to prevent it. The Supreme Court held that the city was under no affirmative obligation, under the Due Process Clause, to protect the child against an evil committed by a private actor.

http://en.wikipedia.org/wiki/DeShaney_v._Winnebago_County

The Supreme Court was right then and it’s right now.


25 posted on 01/09/2013 3:33:03 PM PST by BCrago66
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To: Parmenio

I agree, but most people do not know this case exists! Show them and they are shaken.

I have a right to self-defense, and this right comes from God, not from government.


26 posted on 01/09/2013 3:35:38 PM PST by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Red in Blue PA

Which is why we need Right to Self Defense laws.

Of course, In my area we are trying to lynch George Zimmerman for capping Trayvon Martin when Martin assaulted him.

Gun Control is just population control. Everyone has a right to self defense


27 posted on 01/09/2013 3:35:45 PM PST by SeminoleCounty (Fiscal Conservatives are Neither)
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To: Red in Blue PA

I am reading the comments here and asking myself if this is really the comments from a conservative forum.

A federal “constitutional” duty for citizens or office holders to perform in a certain manner for any issue to a certain standard of care sounds like a pandora’s box to me.

A state ruling in a suit of mandamus is what the rememdy is for willful non performance of a state duty. The ability of someone to always go to Federal Court and claim broad aspects of equal protection compel perfect protection and having the Feds be the final remedy in all cases is stupid IMHO.


28 posted on 01/09/2013 3:36:08 PM PST by KC Burke (Plain Conservative opinions and common sense correction for thirteen years. RSC)
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To: SoCal SoCon

The primary duty of the Police is to enforce the law.
Protection of individual life was rule to be secondary to this objective. The two objectives often come into conflict.


29 posted on 01/09/2013 3:38:28 PM PST by Mad Dog009 (Don't go searching for a Mermaid if you don't know how to swim)
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To: elkfersupper

Select vegetation enslavement program.


30 posted on 01/09/2013 3:39:02 PM PST by rawcatslyentist ("Behold, I am against you, O arrogant one," Jeremiah 50:31)
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To: Red in Blue PA

You hit the nail on the head. Rights come from God, not the government.


31 posted on 01/09/2013 3:40:25 PM PST by Parmenio
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To: Navy Patriot
police have no duty to protect anyone

Okay, that means we all must protect ourselves and we need our guns to do that in a lawless society the Satan now leads.

32 posted on 01/09/2013 3:43:33 PM PST by Rapscallion (Obama is America's first tyrant....president in name only - PINO)
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To: Red in Blue PA

Duh! Read the constitution lately? People have a natural right to self defense!


33 posted on 01/09/2013 3:48:46 PM PST by allmendream (Tea Party did not send GOP to D.C. to negotiate the terms of our surrender to socialism)
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To: SoCal SoCon

Gives governments an excuse to spend money.


34 posted on 01/09/2013 3:50:34 PM PST by RWB Patriot ("My ability is a value that must be purchased and I don't recognize anyone's need as a claim on me.")
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To: SoCal SoCon
For the last several years I have been calling the police “Uniformed Crime Scene Investigators”. They are, as we recently saw in Connecticut, very good at establishing what happened long after it happened.

When everything hits the fan, and it may be closer than any of us think, remember the police are minutes away after you dial 9-1-1 and the criminal that is threatening you and yours is less than a second away. Any questions?

35 posted on 01/09/2013 3:52:02 PM PST by Nip (BOHEICA and TANSTAAFL - both seem very appropriate today.)
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To: Red in Blue PA

Interesting that this is a reverification of an old decision that Police do not have a constitutional duty to protect as I grew up seeing the police cars stenciled “to protect, and to serve”.

I recently read an acknowlegement as an andecdote in another column here at FR that many police departments had removed that phrase from their patrol cars, and wondered why.


36 posted on 01/09/2013 3:55:03 PM PST by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: Rapscallion
Okay, that means we all must protect ourselves and we need our guns to do that in a lawless society that Satan now leads.

OK, I'll agree with that.

I'll expand, as well.

Your right to keep and bear arms comes from God, and is enumerated in the Constitution's Second Amendment. No one but the Good Lord Himself, can rescind that right.

That makes clear which side Satan is on.

37 posted on 01/09/2013 3:57:04 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: rockinqsranch
... many police departments had removed that phrase from their patrol cars, and wondered why.

The cops got sued into submission, they did not voluntarily admit the legal untruthfulness of the slogan.

38 posted on 01/09/2013 4:02:05 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Red in Blue PA

This is tough for some people to swallow, but police, fire, and ambulance folks have no duty to act. That’s why everyone should have the ability, at thier option, to keep and bear arms, have a fire extinguisher, and have a first-aid kit. If we become so dependent for everything, we’ll wind up with nothing. Some want to confiscate all guns, which is similar to banning fire extinguishers and first aid kits, and depending on the state for all of these things.


39 posted on 01/09/2013 4:03:18 PM PST by SERKIT ("Blazing Saddles" explains it all.......)
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To: Argus

true


40 posted on 01/09/2013 4:15:49 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: SoCal SoCon
If the police don’t have a duty to protect us, then what is the point in having them?

Someone has to shoot the dogs.

41 posted on 01/09/2013 4:52:57 PM PST by Right Wing Assault (Dick Obama is more inexperienced now than he was before he was elected.)
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To: Political Junkie Too
Doesn't this take away the argument from the Left that people don't need guns for self-protection because it should be left to the police?

"Officer, this man is going to shoot me."

"Yer on yer own, pal. I don't have to do nothing until he shoots. Then I can get him for discharging a weapon inside the city limits."

"That's crazy!"

"OK, wise guy! Yer under arrest!"

42 posted on 01/09/2013 4:56:24 PM PST by Right Wing Assault (Dick Obama is more inexperienced now than he was before he was elected.)
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To: Red in Blue PA

Been that way for YEARS ...

They are REVENUE ENHANCEMENT AGENTS period

TT


43 posted on 01/09/2013 5:02:00 PM PST by TexasTransplant (This needs to go viral http://vimeo.com/52009124 please watch it)
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To: Red in Blue PA

Admission that 911 is really the governments definition of Dial A Prayer.


44 posted on 01/09/2013 5:07:25 PM PST by SandRat (Duty - Honor - Country! What else needs said?)
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To: Red in Blue PA

“Hello, police department, “We Serve and Protect,” uh, wait, forget that motto. If this is an emergency and you need protection or feel your life is in danger, please hang up and call a friend. If you survive, tomorrow you need to go out an buy some guns and a lot of ammo.

For fender benders, press 1. Parking violations, press 2. Dead bodies, press 3. For other problems, press 0, where an operator will tell you the only choices are 1, 2, 3, and 0.

We do not handle loud parties or barking dogs any longer, so do not press 4 or 5 or we will charge you will phone harrassment. Goodbye!”


45 posted on 01/09/2013 5:08:47 PM PST by Right Wing Assault (Dick Obama is more inexperienced now than he was before he was elected.)
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To: Red in Blue PA

The breakdown of American society continues apace.
The rift between the gov’t and law abiding citizenry grows wider.
The security of the nation’s domestic and foreign policy has been compromised.
It’s just a matter of time ...


46 posted on 01/09/2013 5:29:32 PM PST by Liberty Valance (Keep a simple manner for a happy life :o)
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To: Parmenio

Then we shouldn’t have to pay for them, right?


47 posted on 01/09/2013 5:30:50 PM PST by goldi
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To: Parmenio

Then we shouldn’t have to pay for them, right?


48 posted on 01/09/2013 5:31:09 PM PST by goldi
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To: Red in Blue PA
“Citizens have no Constitutional right to police protection. How many know that this is still the law of the land? None from my experience.”

You are quite correct. When I served on a Grand Jury in San Francisco in the early 80’s it was made quite clear that the police are essentially agents of the District Attorney. Their duty is to the law. People have a false impression, probably due to media crime dramas, that the police have a primary duty to “Protect and Serve” the citizenry.

The impression is that the duty is to the citizen but it actually is to the enforcement of the law, however flawed that may be and when the average citizen realizes that it is usually a somewhat of a shock.

49 posted on 01/09/2013 6:13:56 PM PST by Polynikes (Hakkaa Palle)
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To: TBP
TBP said: "This ruling is morally and legally wrong."

Right now the liberals are attempting to create a government duty to provide healthcare. Does this mean that people can sue the government when their healthcare is inadequate, as proven by the fact that they die?

If so, then how much of the national treasure must be expended to save any particular person's life? Is a trillion dollars too much? How about a billion?

Millions of people every year die of heart disease. Is the government responsible and must the government spend untold trillions to research and eliminate heart disease? Certainly if the government has a duty to provide healthcare then how can it justify failing to spend any amount at all to cure such a disease?

Similar reasoning applies to police departments. How many policemen must be hired for each person in the nation in order to satisfy the requirement if the police have a duty to protect everyone?

Police departments are very similar to fire departments. There is no guarantee that the firemen will arrive in time and be able to extinguish the blaze. If you want to be an American, then you need a fire extinguisher and a gun in your home.

50 posted on 01/09/2013 7:24:34 PM PST by William Tell
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