Join Date: Aug 2005
Location: Portland Oregon
Originally Posted by greenwichjetfan
Get familiar with CTRL+C and CTRL+V. They will be your best friends going forward
Let me try this.
I. LIABILITY IN MARYLAND FOR FAILURE TO ENFORCE THE LAW
A. Origin of the Public Duty Doctrine:
South v. Maryland
Legal authority in the United States that there is no liability for the failure to protect individuals by law enforcement officers generally is accepted as originating in South v. Maryland,(20) for states implementing it under the public duty doctrine.(21) In this case, Robinson, a resident of Washington County, owed a judgment debt to Pottle, a resident of Massachusetts. When Pottle and a party consisting of his attorney and a deputy sheriff attempted to assert a levy upon Robinson's property, they were surrounded by a group of workmen armed with stones and other weapons.(22) The workmen threatened violence should any attempt be made to assert the levy. After Pottle and his party took refuge in a nearby house, the workmen (described in the case as "rioters") maintained an armed guard around it.(23) The deputy sheriff left Pottle and his attorney imprisoned in the house and went to consult with the High Sheriff, South. When South returned with the deputy , Pottle demanded that he be protected from the armed workmen, but South refused to do so.(24) Pottle and his attorney were released, after four days of imprisonment, when they paid the workmen $2,500, a sum apparently equal to the amount of back wages owed them by Robinson.(25)
And lots more here
June 27, 2005, in the case of Castle Rock v. Gonzales, the Supreme Court found that Jessica Gonzales did not have a constitutional right to individual police protection even in the presence of a restraining order. Mrs. Gonzales' husband with a track record of violence, stabbing Mrs. Gonzales to death, Mrs. Gonzales' family could not get the Supreme Court to change their unanimous decision for one's individual protection.
the Supreme Court STATED about the responsibility of police for the security of your family and loved ones is "You, and only you, are responsible for your security and the security of your family and loved ones. That was the essence of a U.S. Supreme Court decision in the early 1980's when they ruled that the police do not have a duty to protect you as an individual, but to protect society as a whole."
"It is well-settled fact of American law that the police have no legal duty to protect any individual citizen from crime, even if the citizen has received death threats and the police have negligently failed to provide protection."
(1) SUPREME COURT OF THE UNITED STATES No. 04-278 TOWN OF CASTLE ROCK, COLORADO, PETITIONER v. JESSICA GONZALES
(2) Barillari v. City of Milwaukee, 533 N.W.2d 759 (Wis. 1995).
(3) Bowers v. DeVito, 686 F.2d 616 (7th Cir. 1982).
(4) DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189 (1989).
(5) Ford v. Town of Grafton, 693 N.E.2d 1047 (Mass. App. 1998).
(6) Warren v. District of Columbia, 444 A.2d 1 (D.C. 1981). "...a government and its agencies are under no general duty to provide public services, such as police protection, to any particular individual citizen..."
(7) Riss v. New York, 22 N.Y.2d 579,293 N.Y.S.2d 897, 240 N.E.2d 806 (1958). "What makes the City's position particularly difficult to understand is that, in conformity to the dictates of the law, Linda did not carry any weapon for self-defense. Thus by a rather bitter irony she was required to rely for protection on the City of NY which now denies all responsibility to her."
(8) Lynch v. N.C. Dept. of Justice, 376 S.E. 2nd 247 (N.C. App. 1989) "Law enforcement agencies and personnel have no duty to protect individuals from the criminal acts of others; instead their duty is to preserve the peace and arrest law breakers for the protection of the general public."
(9) New York Times, Washington DC, "Justices Rule Police Do Not Have a Constitutional Duty to Protect Someone" by LINDA GREENHOUSE Published: June 28, 2005, "The ruling applies even for a woman who had obtained a court-issued protective order against a violent husband making an arrest mandatory for a violation."