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Off-duty cops told: Can’t see pope if you’re packing

off duty cops told can%e2%80%99t see pope if you%e2%80%99re packing

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#41 Dan 0351

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Posted September 24 2015 - 12:34 AM

I believe this ruling was handed down against several rape victims when a couple upstanding citizens decided to hold them for a few hours ....Worth reading into the case, warren VS DC


There have been a few cases - the one mentioned, and another where an officer stood by and did nothing while a woman was beaten, kicked and stabbed by an ex. is another that comes to mind where a court decision said the Police have no obligation to 'protect'. (even though I believe MOST would take some action)


Interesting. I'm reading up on this.
So far I found Warren vs. DC where an occupied burglary by two bad guys turned into them making 3 women do sexual acts on them and each other for 14 hours. Several police offciers responded, even knocked on the door, but left. A second call was never dispatched.
Another scenario in Colorado was a woman had a retraining order against her husband. He took the kids and she called the police. He later called saying that he was in Denver (~30 miles away) at an amusement park with the kids. He then drove to her local police station and had a shoot out with the police - and died. His three daughters were found murdered in his car. Enforcement of a retraining order in Colorado was not mandatory at the time, nor could the police be expected to "protect" this women/kids 24/7.
The way I see it, take a town like Hempstead, NY; there are probably 10 -12 cops working a tour and literally 1000's of retraining orders. The Hempstead Police do not have a CONSTITUTIONAL DUTY to protect each of those 1000's of protected persons AS INDIVIDUALS all day, every day.

I find this very interesting and will be reading much more. Thanks for the heads-up.
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#42 grifhunter

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Posted September 24 2015 - 01:04 AM

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Interesting. I'm reading up on this.
So far I found Warren vs. DC where an occupied burglary by two bad guys turned into them making 3 women do sexual acts on them and each other for 14 hours. Several police offciers responded, even knocked on the door, but left. A second call was never dispatched.
Another scenario in Colorado was a woman had a retraining order against her husband. He took the kids and she called the police. He later called saying that he was in Denver (~30 miles away) at an amusement park with the kids. He then drove to her local police station and had a shoot out with the police - and died. His three daughters were found murdered in his car. Enforcement of a retraining order in Colorado was not mandatory at the time, nor could the police be expected to "protect" this women/kids 24/7.
The way I see it, take a town like Hempstead, NY; there are probably 10 -12 cops working a tour and literally 1000's of retraining orders. The Hempstead Police do not have a CONSTITUTIONAL DUTY to protect each of those 1000's of protected persons AS INDIVIDUALS all day, every day.

I find this very interesting and will be reading much more. Thanks for the heads-up.


Keep in mind those court decisions have to deal with civil tort law: people suing for damages after some sort of personal injury.

Under long standing tort law, neither police nor security guards owe a duty of protection to the general public. They can, however, ASSUME a duty to particular individuals depending on the circumstances. A perfect example is the Baltimore Freddy case where, once in custody, the police DO have a duty to protect an individual and to act to prevent others from hurting their charge. Another situation is when police officers are assigned to guard a particular citizen, and the citizen may be reasonably expected to rely on the police's representation that they have assumed that duty (for example, standing watch outside the hospital room of a witness to a violent crime). Or the officer says to the confidential informant that he will make sure the perp has no way to hurt him.
One last exception is that once engaged in providing protection or rescue the officer may be liable should the rescue be conduction negligently, such as some sort of stray bullet injury. I defended a case where a school guard was breaking up a fight and he grabbed in a flash the combatant closest to him in a bear hug. Unfortunately, the other combatant had a weapon (pen) and proceeded to stab the restrained guy in the eye while he was held. Bad case to defend, but another example of where the police/security assume some duty to protect and can be sued for screwing it up.

But it is otherwise true that the police owe no specific tort duty to rescue or bodyguard any individual citizen even if there is an attack right under their nose, (as long as their is no specific assumption of, or promise to maintain protection to that individual)
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