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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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