Which SCOTUS ruling...
ojibweindian
February 21, 2003, 01:02 PM
stated that LEAs do not have the duty to protect citizens? I can't find it.
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Boats
February 21, 2003, 01:12 PM
The leading case according to most experts is DeShaney v. Winnebago County. That should be enough for FindLaw or some other service. That case itself will lead you to many more about the doctrine that absent a special relationship, (such as being in custody) the police usually owe you no duty to protect you from harm even if they know the harm is imminent.
El Tejon
February 21, 2003, 04:52 PM
oji, DeShaney addressed the 14th Amendment and state action (or inaction). Other courts have addressed other Constitutional aspects.
Was DeShaney what you were looking for, or something else? Do you need the citation?
ojibweindian
February 21, 2003, 05:55 PM
I'm debating some schmoe on another board who is claiming that the police are there to "serve and protect" and since they're there "to do that", there is no reason for anyone else to own a gun for self defense.
Though this guy is a lost cause, I'm hoping the fence sitters lurking on this other board will read my response and be swayed our way.
The citation and a link to it would be a great help.
El Tejon
February 21, 2003, 06:21 PM
DeShaney v. Winnebago Co. Dept. of Social Serv., 489 U.S. 189, 195 (1988) (state is under no duty to protect life, liberty or property of its citizens) ("Poor Joshua!").
See also Bowers v. DeVito, 686 F.2d 616, 618 (7th Cir. 1982) ("there is no constitutional right to be protected by the state against being murdered by criminals or madmen.").
ojibweindian
February 21, 2003, 06:32 PM
Thanks, El Tejon!
Baba Louie
February 21, 2003, 06:54 PM
http://rkba.org/research/kasler/protection
A synopsis
Adios
ojibweindian
February 21, 2003, 09:04 PM
Thanks guys! I really appreciate your help. I've silenced the schlep for now. And, more importantly, fence-sitters reading these court rulings may come to our side.
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