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Government found liable
here's a report of a verdict and settlement over a 911 call. The woman was being beaten, and ultimately smothered, while she made repeated 911 calls. For some reason the dispatcher merely sent out a call relating a domestic disturbance. The officers took 26 minutes to respond, found nobody responded to the door, and naturally left (you don't bust down a door over a report of a "disturbance," esp. when all seems peaceful).
As a general rule a person cannot sue for a failure to protect. The story refers to a finding of recklessness, which suggests to me that in this state you can sue for a reckless or willful failure.
Hat tip to Curtis Lowe and his blog.
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I wonder what the implications are vis-a-vis the multiple standing rulings that the police have no legal obligation to put themselves in a dangerous situation to assist a civilian, given that the target of the suit was very specifically the 911 dispatchers and NOT the responding officer.
I will very interested to see what happens to this verdict on appeal. The "system" don't like verdicts like this.
See "no right to police protection case" as an international human rights case at the Inter-American Commission on Human Rights - Jessica Gonzaels (now Lenahan) versus United States, Petition No: P-1490-05:
http://www.iachr.org/annualrep/2007eng/USA1490.05eng.htm
Then my own Second Amendment case for "National Open Carry Handgun" as a human right at the Inter-American Commission on Human Rights (IACHR) - Don Hamrick versus United States and United Nations, Petition No. P-1142-06 as a counterbalance to Jessica Gonzales' No Right to Police Protection case. My case is still under investigation by the IACHR.
REMEMBER: "National Open Carry Handgun" is the "holy grail" of the Second Amendment's right to keep and bear arms. National Open Carry "is" your Ninth Amendment right! DON'T GIVE IT UP!
I'm afraid all this verdict does is give police incentive to kick your door in when they respond to a 911 call if you don't answer. To not do so would be 'reckless'.
It will be overturned on appeal. We can't have the government liable for not protecting people now can we.....?
Yep, overturned on appeal. No liability.
When seconds count, dial 9-1-1. The police are only hours awaay