Gun Control & RKBA
Related: About this forum"the court said there is no individual right to police protection"
Not sure how one would interpret that...
But the New Orleans-based 5th Circuit found otherwise last week, relying on the Supreme Court's handling of DeShaney v. Winnebago County Department of Social Services. In that controversial 1989 case, which involved a 4-year-old boy, Joshua DeShaney, beaten to the point of severe mental retardation by his father, the court said there is no individual right to police protection.
"Seeking to avail themselves of the DeShaney special relationship exception, the Cantrells argue that, like individuals who are in foster care or who are otherwise in the custody of the state, Matthew had a special relationship with the officers," Stewart wrote. "According to the Cantrells, this special relationship, along with a corresponding duty of care and protection, was created when the officers took 'custody' of Matthew by physically separating him from his mother. The officers breached this duty, the Cantrells contend, when the officers failed to administer aid and delayed treatment from paramedics"
But the three-judge panel took a different view. "This line of cases is materially indistinguishable, and therefore could not have provided reasonable officials in the officers' position with notice that they had an affirmative constitutional duty to provide medical care and protection to Matthew," Judge Carl Stewart wrote for the court.
http://www.courthousenews.com/2012/01/13/43035.htm
X_Digger
(18,585 posts)It surprises some people who take the 'to protect and serve' painted on the cars as gospel, but police have no legal duty to protect you unless you are in custody (or other circumstances that meet the 'special relationship' criteria.)
BiggJawn
(23,051 posts)It's really "To Protect and Serve Rich White People's Property".
Hoyt
(54,770 posts)These cases simply mean that it is difficult to prevail in a court action against the police. It does not mean most police aren't going to help anyway they can.
X_Digger
(18,585 posts)absent special circumstances.
It's just that simple, Hoyt.
Hoyt
(54,770 posts)Like most legal cases, you guys take everything out of context to rationalize your gun agenda.
X_Digger
(18,585 posts)I'll wait.
shadowrider
(4,941 posts)1) To protect implies they will be there to protect you from criminal activity. They are under NO obligation to do so.
2) To respond - They are REQUIRED, simply by their job, to respond to reports of a crime, draw a chalk outline around your dead body and to find the perpetrator of the crime. They were under NO obligation to prevent the crime from happening to you in the first place (To protect).
Therefore, when seconds are needed, the police are minutes away. I prefer to have the ability to protect myself until the police arrive.
X_Digger
(18,585 posts)Warren v District of Columbia is the example of that-
[div class='excerpt']Upon receiving no answer, the officers left five minutes after they had arrived. Nine minutes later, the two women called the police again and were assured they would receive assistance. This call was never dispatched and the police never came.
Appellants' claims of negligence included: the dispatcher's failure to forward the 6:23 a.m. call with the proper degree of urgency; the responding officers' failure to follow standard police investigative procedures, specifically their failure to check the rear entrance and position themselves properly near the doors and windows to ascertain whether there was any activity inside; and the dispatcher's failure to dispatch the 6:42 a.m. call.
shadowrider
(4,941 posts)E6-B
(153 posts)ellisonz
(27,711 posts)discntnt_irny_srcsm
(18,479 posts)...you need a 30 round mag is...
Anything worth shooting is worth shooting twice, twice more if it returns fire.
ellisonz
(27,711 posts)...your Constitutional arguments seriously as anything other than nonsense.
discntnt_irny_srcsm
(18,479 posts)...I don't see. The collectivist argument is fraught with nonsense.
discntnt_irny_srcsm
(18,479 posts)..."granting forgiveness is only possible if you're still alive." - d_i_s
SteveW
(754 posts)pipoman
(16,038 posts)If for no other reason, concealed carry (or some form of carry) and liberal latitude in defense of home/vehicle/business must be upheld at every challenge in the courts. Those places which do not allow or make ownership of firearms too difficult, should be held to a much higher standard regarding a responsibility to defend and protect. For instance, in DC the police should be required to respond to any call within 5 minutes and to engage immediately rather than waiting around for backup, or be held civilly responsible for any harm done by their failure to respond and act very quickly. In these shrinking enclaves of authoritarianism law enforcement should have a responsibility to protect everyone...we would see how fast MAG and professional police politicians change their position on private ownership if this burden was shifted to their budgets.
Tuesday Afternoon
(56,912 posts)AtheistCrusader
(33,982 posts)Gonzales vs. City of Bozeman.
Etc.
Euromutt
(6,506 posts)It's quite a lengthy list.
oneshooter
(8,614 posts)Has decided to ignore this thread.
I wonder why?
Oneshooter
Armed and Livin in Texas
Tuesday Afternoon
(56,912 posts)police to, at least, TRY to protect you.
oneshooter
(8,614 posts)They are required to protect you.
Oneshooter
Armed and Livin in Texas
Tuesday Afternoon
(56,912 posts)very few absolutes in this world.