Thursday, August 29, 2013

Notable Self Defense Court Cases

There are a couple of court cases that everyone needs to be aware of when it comes to our right to self defense.  Many who want gun control keep telling us that the police and the government will protect us.  But by way of a couple of Supreme Court decisions, the police have no obligation to protect us as individuals.  See these two cases below, and you will see that we are the ones who are responsible for our own protection.  Even if the police do eventually show up, it won't be to stop the attack.  It will be to investigate the crime, take statements from witnesses, and unfortunately, call someone to remove the dead victim's bodies.






Castle Rock v. Gonzales:

  

545 U.S. 748 (2005), is a United States Supreme Court case in which the Court ruled, 7–2, that a town and its police department could not be sued under 42 U.S.C. §1983 for failing to enforce a restraining order, which had led to the murder of a woman's three children by her estranged husband.





Restraining order and police inaction

During divorce proceedings, Jessica Gonzales, a resident of Castle Rock, Colorado, obtained a restraining order against her husband on June 4, 1999, requiring him to remain at least 100 yards from her and their three daughters except during specified visitation time. On June 22, at approximately 5:15 pm, her husband took possession of the three children in violation of the order. Gonzales called the police at approximately 7:30 pm, 8:30 pm, 10:10 pm, and 12:15 am on June 23, and visited the police station in person at 12:40 am on June 23, 1999. However, since Ms. Gonzales, from time to time, did allow her husband to take the children at various hours, the police took no action, despite the husband's having called Gonzales prior to her second call to the police and informing her that he had the children with him at an amusement park in Denver, Colorado. At approximately 3:20 am on June 23, 1999, the husband appeared at the Castle Rock police station and instigated a fatal shoot-out with the police. A search of his vehicle revealed the corpses of the three daughters, whom the husband had killed prior to his arrival, and he died afterwards.




Opinion of the Court


The Supreme Court reversed the Tenth Circuit's decision, reinstating the District Court's order of dismissal. The Court's majority opinion by Justice Antonin Scalia held that enforcement of the restraining order was not mandatory under Colorado law; were a mandate for enforcement to exist, it would not create an individual right to enforcement that could be considered a protected entitlement under the precedent of Board of Regents of State Colleges v. Roth; and even if there were a protected individual entitlement to enforcement of a restraining order, such entitlement would have no monetary value and hence would not count as property for the Due Process Clause




Warren v. District of Columbia:

 (444 A.2d. 1, D.C. Ct. of Ap. 1981) is an oft-quoted[2] District of Columbia Court of Appeals (equivalent to a state supreme court) case that held police do not have a duty to provide police services to individuals, even if a dispatcher promises help to be on the way, except when police develop a special duty to particular individuals.




Incident




In the early morning hours of Sunday, March 16, 1975, Carolyn Warren and Joan Taliaferro who shared a room on the third floor of their rooming house at 1112 Lamont Street Northwest in the District of Columbia, and Miriam Douglas, who shared a room on the second floor with her four-year-old daughter, were asleep. The women were awakened by the sound of the back door being broken down by two men later identified as Marvin Kent and James Morse. The men entered Douglas' second floor room, where Kent forced Douglas to sodomize him and Morse raped her.




Warren and Taliaferro heard Douglas' screams from the floor below. Warren telephoned the police, told the officer on duty that the house was being burglarized, and requested immediate assistance. The department employee told her to remain quiet and assured her that police assistance would be dispatched promptly.




Warren's call was received at Metropolitan Police Department Headquarters at 0623 hours, and was recorded as a burglary-in-progress. At 0626, a call was dispatched to officers on the street as a "Code 2" assignment, although calls of a crime in progress should be given priority and designated as "Code 3." Four police cruisers responded to the broadcast; three to the Lamont Street address and one to another address to investigate a possible suspect.




Meanwhile, Warren and Taliaferro crawled from their window onto an adjoining roof and waited for the police to arrive. While there, they observed one policeman drive through the alley behind their house and proceed to the front of the residence without stopping, leaning out the window, or getting out of the car to check the back entrance of the house. A second officer apparently knocked on the door in front of the residence, but left when he received no answer. The three officers departed the scene at 0633, five minutes after they arrived.




Warren and Taliaferro crawled back inside their room. They again heard Douglas' continuing screams; again called the police; told the officer that the intruders had entered the home, and requested immediate assistance. Once again, a police officer assured them that help was on the way. This second call was received at 0642 and recorded merely as "investigate the trouble;" it was never dispatched to any police officers.




Believing the police might be in the house, Warren and Taliaferro called down to Douglas, thereby alerting Kent to their presence. At knife point, Kent and Morse then forced all three women to accompany them to Kent's apartment. For the next fourteen hours the captive women were raped, robbed, beaten, forced to commit sexual acts upon one another, and made to submit to the sexual demands of Kent and Morse.






Decision




By a 4–3 decision the court decided that Warren was not entitled to remedy at the bar despite the demonstrable abuse and ineptitude on the part of the police because no special relationship existed. The court stated that official police personnel and the government employing them owe no duty to victims of criminal acts and thus are not liable for a failure to provide adequate police protection unless a special relationship exists. The case was dismissed by the trial court for failure to state a claim and the case never went to trial.


No comments:

Post a Comment