Supreme Court to review failure of police to enforce order
Thursday, November 4, 2004 at 03:53AM
TheSpook
The Supreme Court agreed yesterday to consider
whether local governments can be sued for failing to enforce
restraining orders, a case that could open the door to thousands of
lawsuits. At issue is whether the Constitution's 14th Amendment
obligates police to protect residents from violence when a local
government issues a restraining order and promises its enforcement.
Jessica Gonzales of Castle Rock, Colo., obtained a restraining order to
keep her estranged husband away from her three daughters, ages 10, 9
and 7. She contends police ignored multiple phone calls for help when
Simon Gonzales took the daughters from the front yard of her home one
night in 1999. Eight hours later, Simon Gonzales showed up at the
Castle Rock police station and started a gunfight with officers. He was
killed; the girls were found dead in his pickup truck. Jessica Gonzales
sued the city for $30 million, alleging a due-process violation because
Castle Rock did not enforce the restraining order. The 10th U.S.
Circuit Court of Appeals agreed, noting that Castle Rock had a duty
under state law to respond to her calls but instead routinely ignored
her.[more]
Article originally appeared on (http://brownwatch.com/).
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