Free Republic
Browse · Search
General/Chat
Topics · Post Article

Skip to comments.

No Duty to Protect
American Greatness ^ | 28 May, 2022 | Ben Boychuk

Posted on 05/30/2022 4:49:30 AM PDT by MtnClimber

After what happened in Uvalde, why on earth would anyone give up their weapons and trust to police to do anything?

"If I thought it would help, I would apologize."

— Texas Department of Public Safety Director Steven McCraw, May 27, 2022

The May 24 massacre in Uvalde, Texas, outrages the conscience, though not for the facile and stupid reasons spewed by every prominent Democratic Party politician, half-witted newspaper columnist, and vapid television talking-head.

Liberals and other simpering dunderheads make fetishes of objects, focusing on the tool rather than the tool’s misuser. “Nobody needs an AR-15,” goes the refrain, when need has nothing and right has everything to do with it. “But the tool is so easy to misuse and abuse!” comes the ovine rebuttal, when we know as a matter of fact the tool is used in a small fraction of violent crimes.

Unfortunately, it so happens that some of those crimes focus the attention of the entire nation.

With every school shooting—covered prominently, though not commonplace as they may seem—comes a demand for surrender. And with each of these demands comes the refusal of the law-abiding citizen to forfeit his rights in the name of safety. For that safety, we now know—because we saw it with our own eyes—is subject to the timorous decisions of bureaucrats with guns and badges and terrible judgment.

The real outrage is that the protectors—the “good guys with guns”—failed to protect. In fact, though they surely had the moral duty to save those 21 women and children, they did not have a legal or constitutional duty to do so, as the Supreme Court has said time and again. The police chose to hold back out of an abundance of caution—“officer safety” being the watchword. What’s worse, they prevented parents from entering the school at their own risk to rescue their own children.

All of it appeared to be by the book. If it wasn’t, we’ll know eventually.

Always view early reports with utmost skepticism because the story invariably changes. For example, in the initial hours following the killings on Tuesday, we heard the officer on duty at the school “engaged” with the shooter. That wasn’t true. In fact, the officer was off-campus when the shooting started. When he arrived, he “engaged” with the wrong man outside while the real suspect was in the building.

Then reports began to emerge from parents who were on the scene. Videos appeared on YouTube and social media showing mothers and fathers begging the police to act. “Shoot him or something!” a woman’s voice can be heard yelling on one video. Then another man says, “They’re all just fucking parked outside, dude. They need to go in there.”

The Wall Street Journal on Wednesday reported at least one parent defied the police perimeter and rescued her children.

[Angeli Rose] Gomez, a farm supervisor . . . said she was one of numerous parents who began encouraging—first politely, and then with more urgency—police and other law enforcement to enter the school sooner. After a few minutes, she said, U.S. Marshals put her in handcuffs, telling her she was being arrested for intervening in an active investigation . . .

Ms. Gomez said she convinced local Uvalde police officers whom she knew to persuade the marshals to set her free.

Ms. Gomez described the scene as frantic. She said she saw a father tackled and thrown to the ground by police and a third pepper-sprayed. Once freed from her cuffs, Ms. Gomez made her distance from the crowd, jumped the school fence, and ran inside to grab her two children. She sprinted out of the school with them.

Angeli Rose Gomez did what any parent worth a damn would do for her kids. Police are different.

A Failure of Judgment Friday was a turning point. On Friday, Texas Department of Public Safety Director Steven McGraw held a press conference that provided a glimpse of just how badly the police botched their response.

Texas Department of Public Safety Director Steven McGraw said the on-scene commander decided that the shooter was “a barricaded subject”—which, post-Columbine, is not the call to make. After the 1999 Columbine High School massacre in Littleton, Colorado, police have been trained to respond quickly and without hesitation on the assumption that a person with a gun in a school is not there to take hostages.

“Obviously, based upon the information we have, children in that classroom were at risk and it was in fact still an active shooter,” McGraw told reporters. “It was the wrong decision. Period.”

The details are sickening.

We learned that 19 officers were in the hall outside the classroom where the untrained gunman was slaughtering children. We learned 911 received dozens of calls from children trapped inside. We learned that officers and 911 dispatch operators heard the shots being fired.

We learned that Pedro Arredondo, Uvalde Consolidated Independent School District’s chief of police and the man running the show, also would not allow the Border Patrol’s SWAT team to move in. We learned at least four members of that squad went in anyway. We’ll soon know if they will be disciplined for violating the incident commander’s orders.

We also learned that Arredondo was elected to the Uvalde City Council earlier this month. As of this writing, Arredondo has not announced that he would be resigning his position and exiling himself into public anonymity and lifelong penance.

Allergic to Risks Police are in a no-win position. Risks are not rewarded. What appears to be rash action, dissected and scrutinized in hindsight, will be answered with discipline and occasionally life-destroying prosecution. Street cops thus become bureaucrats with guns, who report to other bureaucrats, who answer to lawyers whose sole job is to “mitigate risk.”

Yet police officers in most states enjoy “qualified immunity” from prosecution under the rationale that their high-stress jobs will sometimes put them in the position to make split-second, life-or-death decisions that may go wrong.

Many Republican lawmakers defend qualified immunity. For example, Senator Tom Cotton (R-Ark.) argued in an op-ed for National Review last year that “[q]ualified immunity is essential to effective and diligent policing. It shields good police officers from bankruptcy while still subjecting individual bad actors to personal financial repercussions.”

As a practical matter, however, qualified immunity also shields police officers from the consequences of their by-the-book inaction. Grieving parents will be looking to sue the police, the school, the city—anyone and everyone—for the needless deaths of their children. They will likely receive generous settlements in lieu of protracted litigation given the high-profile nature of the case. But in ordinary cases, they would have a very difficult legal road ahead.

After all, the officers in Uvalde who did nothing except “secure the perimeter” were merely following the orders of their commander. Insubordination—the intentional refusal to obey a lawful command—is cause for discipline. All cops know that failure to obey a command could cost them their careers.

So they did nothing “wrong,” other than stand by as innocent women and children were slaughtered wantonly. Surely they know that. They’ll have to live with that reality for the rest of their lives.

A Mind-Changing Event If it’s true the Uvalde case proves there is no such thing as a “good guy with a gun,” as the sneering anti-gun Left and the smug NeverTrump “Right” tend to say, does that mean police as the only viable protectors of the vulnerable is also a myth? If so, perhaps the “defund-and-abolish” crowd is right. (Spoiler: They aren’t.)

But if the protectors have “no duty to protect” a person from harm, as the courts have maintained, then we’re left with no choice but to protect ourselves. The Supreme Court has also characterized self-defense as a “natural, inherent right”—not that we needed the justices to say so in order for it to be true.

So don’t be surprised when people take the next logical step and do just that, with or without the sanction of the law. (Which is one reason gun stores do brisk business after incidents such as this.)

In a well-reasoned essay for American Greatness on Saturday, Kyle Shideler points out a mismatch between Americans’ expectations of their police forces and what the police actually do.

“There are around 700,000 sworn law enforcement officers in the United States,” he writes. “As much as it may pain us to admit it, not all of them will be warriors, a word that is overused in certain circles but nevertheless remains apt. And, of course, police work requires many other interpersonal skills and training, some of which are 180-degree opposite from the psychological traits required to storm into a room alone against a determined and heavily armed gunman.”

Shideler has a point, of course. But as I read his piece, I couldn’t help but think of the cops and the firemen who sacrificed themselves in the face of certain death on September 11, 2001, or the grim statistics about the dozens of officers who die every year in the line of duty as a result of felonious assaults.

That just makes me angrier.

For a certain cohort of Americans, I strongly suspect Uvalde will be a mind-changing milestone event. Already suspicious of law enforcement’s creeping politicization (especially the FBI), ordinary citizens will come to see the events of May 24 as strong evidence the police are not on the side of the law-abiding taxpayer. Certainly, the people of Uvalde—a small town—will never again look at their police with anything other than disgust and contempt.

More Americans will come around to the view that the State is an antagonist. They will reflect with growing horror that, under the proper circumstances, their would-be “protectors” might be compelled to shoot them if they defied orders and rushed into the school building where their children were bleeding out on a classroom floor.

For their own safety, of course. And it would be perfectly legal.

In a well-functioning society, where public accountability still meant something and people had a healthy sense of honor, Pedro Arredondo would have resigned first thing Wednesday morning, and Uvalde’s school district and the town itself would scrap their police forces and start over from scratch.

But we are not a well-functioning society and many people who should lose their jobs will instead go on to collect their pensions. Men and women of courage—people who would rush into a building to save innocent lives regardless of the risks to their own—are precisely the type of people our present regime seems to abhor. So we’re left with more bureaucracy, more risk aversion, more polarization, less trust in our institutions, and, in the end, considerably less freedom.


TOPICS: Society
KEYWORDS: banglist; police; texas
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061 next last
To: OHPatriot

“Personally, police forever severed that shred of trust/respect during the Antifa/BLM summer of love riots where they “Stood Down” and let animals run free.”

And not one of the uniformed people in charge resigned in protest. Not a single one. Think about that.

“Your personal protection is your responsibility.”

Which is why I despise the term “first responder”. They’re not. At best they’re the second or even third responder. I’ve gotten into it with the Chief of Police in my town in more than one public forum.

Hearing police officers refer to the citizens they, supposedly, are sworn to protect as “civilians” is another one. Cops are civilians granted powers of arrest by the State and municipalities they work for. They’re not military.

In my State the only legal difference between a cop and a citizen is that the cop can arrest for misdemeanors.

L


21 posted on 05/30/2022 5:37:44 AM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it islam )
[ Post Reply | Private Reply | To 17 | View Replies]

To: MtnClimber
 
 
The author could have done some research for a more intelligent article. The Texas statutes have something to say about "duty to protect" under Chapter 37 Subchapter C of the Texas Education Code:
 
 
(d-1) A school district peace officer, a school resource officer, and security personnel shall perform law enforcement duties for the school district that must include protecting:
 
(1) the safety and welfare of any person in the jurisdiction of the peace officer, resource officer, or security personnel; and
 
(2) the property of the school district.
 
 
Notice use of the word shall. Since the stink has evidently fallen on the ISD police in this case they're gonna be in the hotseat. No escaping it.
 
 

22 posted on 05/30/2022 5:39:14 AM PDT by lapsus calami (What's that stink? Code Pink ! ! And their buddy Murtha, too!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MtnClimber
Everyone should remember that the police have no duty to protect them

Living in NYC at the time, I learned that fact as a result of the Crown Heights riots of 1991.

It has always amazed me how few people knew or understood that fact in the decades after....some sadly, continue in that ignorance.

23 posted on 05/30/2022 5:39:59 AM PDT by Roccus (First we beat the Nazis........Then we defeated the Soviets....... Now, we are them)
[ Post Reply | Private Reply | To 2 | View Replies]

To: lapsus calami

The thing with that law (and many like it) is that the remedy for failure to adhere is usually absent. The words are there to make everybody feel good, nothing more.

The “no duty” theme is a reference to an ability to obtain money damages, sue the police for failure to perform a duty to protect, and that case will be thrown out of court. They can be sued for malfeasance but the hurdle there is extremely high. Deprivation of civil rights, excessive force, false arrest, that sort of malfeasance can result in civil and criminal penalties. But doing nothing results in, at worst, being fired from the job.


24 posted on 05/30/2022 5:47:31 AM PDT by Cboldt
[ Post Reply | Private Reply | To 22 | View Replies]

To: Leaning Right

I think that they should have gone in. I would wager that would-be copycats saw this and gained inspiration from it. And I think what happened should be used to ridicule those who say citizens don’t need guns because we have the police.


25 posted on 05/30/2022 5:47:43 AM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: MtnClimber

“To Protect and Serve” is one of the most fraudulent marketing slogans ever.

It was originated by the Los Angeles Police Department and popularized by the Hollywood fantasy machine in numerous movies and TV series.


26 posted on 05/30/2022 5:48:53 AM PDT by FarCenter
[ Post Reply | Private Reply | To 1 | View Replies]

To: MtnClimber

One of the comments below mentioned that the police are hierarchical and therefore the lower ranked would be subject to all sorts of discipline if they disobeyed an order.

It is my understanding that in the Army, troops are taught the Geneva Conventions and are supposed to disobey orders which contravene the Conventions.

Surely there is some space for defying orders as bad as these for the police? I understand the need for order but this seems to go too far.

Sometimes mutiny is necessary....


27 posted on 05/30/2022 5:49:18 AM PDT by Chicory
[ Post Reply | Private Reply | To 1 | View Replies]

To: MtnClimber
and people had a healthy sense of honor

This, right there, is what is wrong with modern society. There is no sense of honor anymore. Not at any level. Pretty much around the world. In the Muslim world, they have false honor that encourages "honor" killing. Otherwise, true honor is something that is antiquated.

28 posted on 05/30/2022 5:51:22 AM PDT by Avalon Memories (Liberalism is a philosophy of sniveling brats. -- P.J. O’Rourke)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MtnClimber

As decided by SCOTUS in 2005.


29 posted on 05/30/2022 5:54:36 AM PDT by DownInFlames (P)
[ Post Reply | Private Reply | To 2 | View Replies]

To: MtnClimber

Very true. People see the cop cars with stickers that say, “To Protect and Serve,” it ain’t a legal obligation or duty.


30 posted on 05/30/2022 6:05:45 AM PDT by Oystir
[ Post Reply | Private Reply | To 2 | View Replies]

To: MtnClimber

[[ “Nobody needs an AR-15,”]]

If that is the case, then noone needs a vehicle that will do over say 15 miles an hour. Faster speeds lead to deaths. We need sensible speed laws now! (We have 20,000 gun laws and an astonishing 300,000 gun statutes on the books already, but the left claim “we need sensible gun laws now!”, so perhaps we should turn it around on them and demand “sensible speed laws now!” Even thougn we already have speed laws- keep,pushing and pushing, like they do, till it becomes a hassel to,even drive or own a vehicle any longer)

The left love making everyone miserable and less safe, lur side doesn’t fight that way.


31 posted on 05/30/2022 6:12:06 AM PDT by Bob434 (.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Oystir

The motto should come of of their cars and other items, because it is false advertising.


32 posted on 05/30/2022 6:14:00 AM PDT by FamiliarFace (I wish “smart resume” would work for the real world so I could FF through the Burden admin BS.)
[ Post Reply | Private Reply | To 30 | View Replies]

To: Bob434

It’s always fun to hypothesize a 180, after all, it’s assumed we can “make a law.”

Mandatory carry with exception for conscientious objectors.


33 posted on 05/30/2022 6:16:17 AM PDT by Cboldt
[ Post Reply | Private Reply | To 31 | View Replies]

To: MtnClimber

I think the average person is NOW, for sure thinking...’uh, yeah, I NEED A GUN.”


34 posted on 05/30/2022 6:25:43 AM PDT by goodnesswins (....pervert Biden & O Cabal are destroying America, as planned. )
[ Post Reply | Private Reply | To 25 | View Replies]

To: Sans-Culotte

The problem is if the cops,shot and killed ,id’s by accident, while trying to get the bad guy, they would very likely be up on manslaughter charges or worse, like Chauvin was- especially if the kids shot were minority kids. Chauvin was innocent but still got charged and convicted with 3 counts of manslaughter, second degree and first degree. With the hatred of the police these days, that likely factored in some, but I’m guessing that there was a stand down order from the top, maybe even from white house, though that is just a guess at this point. Political correctness, and the fear of breaking with political correctness has ruined this country.

The answers by the chief though are very disturbing- it’s almost like he has been given the order to cause as much hatred for police as possible. Thirr actions were reprehensible, but their answers even more disgusting. It jusy seems orchestrated. I have a hard time believing anyone would be that callous. They haven’t even tried to walk back,the comments yet as far as I know. Something really stinks in Denmark these days.


35 posted on 05/30/2022 6:26:00 AM PDT by Bob434 (.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: MtnClimber

Cernovich retweeted another person’s tweet about how a lot of police organizations lost their best officers to refusing to take the vax and that left liberal ones willing to take and force others to take the vax and they wondered out loud how willing would these liberal officers be to rush into danger. It was an interesting point that the person made.


36 posted on 05/30/2022 6:30:15 AM PDT by Mean Daddy (Every time Hillary lies, a demon gets its wings. - Windflier)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Mean Daddy

That doesn’t explain Columbine or Broward County.


37 posted on 05/30/2022 7:18:27 AM PDT by Ken H (Trump /DeSantis)
[ Post Reply | Private Reply | To 36 | View Replies]

To: Bob434

That does not explain the cuffing and tasing of parents who were willing to go in.


38 posted on 05/30/2022 7:19:32 AM PDT by Ken H (Trump /DeSantis)
[ Post Reply | Private Reply | To 35 | View Replies]

To: Sans-Culotte

“I get that cops don’t want to be blamed or charged with a crime, but I don’t think the George Floyd syndrome applies to a mass shooter killing little kids.”


Absolutely. It’s just a shameless excuse.


39 posted on 05/30/2022 7:20:55 AM PDT by Ken H (Trump /DeSantis)
[ Post Reply | Private Reply | To 13 | View Replies]

To: MtnClimber

When seconds count; the police are only minutes away. We must be able to defend ourselves. It’s not realistic to believe the police can protect everyone all at the same time. It’s simply not possible. We must take that responsibility on ourselves.

The only reason to disarm a populace is so a malevolent government, criminals, crazies, and terrorists have less bullets coming at them when they commit mayhem. They may be evil but most of them do want to live.


40 posted on 05/30/2022 7:40:38 AM PDT by Boomer (Piss On A Marxist commie For Mommy!)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
General/Chat
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson