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FWIW: This is not new law, this decision is in line with most other courts to examine the issue, including the supreme court[1]. See Castle Rock v. Gonzales a
by DannyBee 8y ago
FWIW: This is not new law, this decision is in line with most other courts to examine the issue, including the supreme court[1].
See Castle Rock v. Gonzales
and
DeShaney v. Winnebago County Department of Social Services.
The federal court would definitely be bound by Castle Rock.
- lsiebert 8y agoThat's an important point. I'd caution people getting upset about this (especially getting upset with the judge) to recognize that judges are bound to consider higher court decisions. There is arguably good reasons why police (and fire fighters, and social workers, and meterologists) and the governments they work for can't be sued for not protecting people from the bad actions of others, or disasters. It's not their fault that bad stuff happens (and when it is, that's a different legal situation). That said, state constitutions can be more restrictive, and it would be interesting to consider the effect of creating such a duty would have. Perhaps it could be created as a duty to the state government rather then individually harmed people, such that the state attorney general would be the one who sued (or more likely settled with a consent decree that created policy changes).
- Rumperuu 8y agoConsider this story about a man stabbed on the NYC subway and the police who locked themselves in the train cabin whilst a bystander provided first aid [0]. [0] https://www.youtube.com/watch?v=jAfUI_hETy0 https://www.youtube.com/watch?v=jAfUI_hETy0