Posted by - CYA bias, but, “discretion to the point of deliberate indifference may result in civil liability;” Okin v. Village of Cornwall-on-Hudson Police Dept.; concept of public duty doctrine.
http://www.trust.org/alertnet/news/us-ruling-should-spur-domestic-violence-reform/
- suggests Inter-American Commission on Human Rights decision should spur domestic violence reform; good summary of Castle Rock.
http://caselaw.findlaw.com/us-2nd-circuit/1192547.html
- Okin v. Village of Cornwall-on-Hudson Police Dept.
http://www.aclu.org/blog/human-rights-womens-rights/protection-domestic-violence-human-right
http://www.law.miami.edu/hrc/hrc_gonzalez_usa.php
- details of the IACHR case/decision; this case is about private/domestic violence, NOT police duties more generally.
http://www.jessicagonzalesvsunitedstates.com/Jessicas_Story.html
- documentary film in production.
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1525280/
- GWU/public health article.
http://www.washingtonpost.com/wp-dyn/content/article/2005/06/27/AR2005062700580.html
The Supreme Court ruled yesterday that federal law provides no guarantee of a specific police response to domestic violence complaints, even when a restraining order has been issued against a potential perpetrator.
“It’s not about being protected. Nobody is asking for miracles. She was asking for police to take her calls seriously, which is what procedural due process — fairness — is all about,” he said.
http://www.nytimes.com/2005/06/28/politics/28scotus.html
- similarly excellent (Gonzales filed in Federal court in Colorado)
The theory of the lawsuit Ms. Gonzales filed in federal district court in Denver was that Colorado law had given her an enforceable right to protection by instructing the police, on the court order, that “you shall arrest” or issue a warrant for the arrest of a violator. She argued that the order gave her a “property interest” within the meaning of the 14th Amendment’s due process guarantee, which prohibits the deprivation of property without due process.
The district court and a panel of the United States Court of Appeals for the 10th Circuit dismissed the suit, but the full appeals court reinstated it and the town appealed. The Supreme Court’s precedents made the appellate ruling a challenging one for Ms. Gonzales and her lawyers to sustain.
A 1989 decision, DeShaney v. Winnebago County, held that the failure by county social service workers to protect a young boy from a beating by his father did not breach any substantive constitutional duty. By framing her case as one of process rather than substance, Ms. Gonzales and her lawyers hoped to find a way around that precedent.
http://www.stanford.edu/group/psylawseminar/Substantive%20Due%20Process.htm
Procedural Due Process
http://www.law.cornell.edu/wex/due_process
http://caselaw.lp.findlaw.com/data/constitution/amendment05/12.html
http://en.wikipedia.org/wiki/Due_process
http://nationalparalegal.edu/conlawcrimproc_public/DueProcess/SubstantiveFundamentalRights.asp
http://nationalparalegal.edu/conlawcrimproc_public/dueprocess/proceduraldueprocess.asp
Property –
http://civilrights.uslegal.com/due-process-violation/procedural-due-process/deprivation-of-property/
SELECTIVE (POLICE) ENFORCEMENT
Rule of law
http://www.ncdsv.org/publications_castlerock.html
- good list of links–articles indicating Castle Rock is at fault, from the time.
http://www.constitution.org/brief/forsythe_42-1983.htm