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« A morning uplift | Main | Va Citizens Self Defense League sues Coalition to Stop Gun Violence »

"You don't need a gun; the government will protect you."

Posted by David Hardy · 3 September 2021 05:06 PM

A ruling from the 6th Circuit.

Young woman is threatened by former boyfriend, a mental case who beats her and breaks her nose, stalks her, threatens suicide, puts a gun to her head and threatens to kill her. She gets a court order of protection. Turn out he's the son of a police officer. An officer visits the former boyfriend and tells him to leave her alone. Another officer declines to arrest him for DV.

Former boyfriend violates the protective order, stalks her, calls her 86 times. Police get two arrest warrants and ... send them to former boyfriend via first class mail. Officer calls former boyfriend, tells him he will not be arrested.

Boyfriend fatally shoots the woman and kills himself.

Held, her parents cannot sue.

"The facts as pleaded in the amended complaint simply fail to show, as they must, that defendants took any affirmative action that exposed Rosemarie to any danger to which she was not already exposed. Reynolds, 438 F.3d at 696. That being so, her claim was properly dismissed."

In other words, no legal duty to protect, just a duty not to make things worse than they would be if you hadn't lifted a finger.

4 Comments | Leave a comment

Dave D. | September 4, 2021 12:58 PM | Reply

...Judges protecting judges. Anyone pretending that a legal document trumps crazy is crazy themselves and ought to be disbarred. Police action could not have prevented this. Only incarceration or death could have stopped this.

Anonymous | September 4, 2021 6:23 PM | Reply

And "politicians" wonder why the "law-abiding" and "poor" do not trust the police.

To many LEOs are slaves to their incomes and benefits. "Voluntary servitude".

Dave D. | September 5, 2021 6:35 AM | Reply

....I don't want the cops to be independant operators and do as they please. I want them to follow the law and to be controlled by the folks put over them by politicians we can elect and unelect.
...So you control them by controlling what they really want and need: pay and benefits. The same is true in other trades and professions. That's the way the World works. That's the way it's supposed to work and about as far from slavery as you can get.

Pete | September 6, 2021 11:18 AM | Reply

I am reminded of a line from The Godfather, "someone with more faith in the police than a saint has in Jesus"

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