3 ms·
> Duty to an individual can be litigated when the police fail to perform it. It actually can't. Castle Rock v. Gonzales is the relevant ruling here, not Warren
by chimeracoder 4y ago
> Duty to an individual can be litigated when the police fail to perform it.
It actually can't. Castle Rock v. Gonzales is the relevant ruling here, not Warren v. DC.
In the majority opinion for Castle Rock, Scalia wrote that not only do police not have any special duty, but states cannot establish such a duty even through legislative means. (It also says that even though any such duty would be unconstitutional, if it somehow were established, the aggrieved parties would still have zero recourse under the constitution for other reasons).
It's a fantastically broad ruling, preempting pretty much every conceivable attempt for states to work around it even if they want to.