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Cops Can't Be Sued for Restraining Orders

By GINA HOLLAND

The Supreme Court ruled Monday that police cannot be sued for how they enforce restraining orders, ending a lawsuit by a Colorado woman who claimed police did not do enough to prevent her estranged husband from killing her three young daughters.

Jessica Gonzales did not have a constitutional right to police enforcement of the court order against her husband, the court said in a 7-2 opinion.

City governments had feared that if the court ruled the other way, it would unleash a potentially devastating flood of cases that could bankrupt municipal governments.

Gonzales contended that police did not do enough to stop her estranged husband, who took the three daughters from the front yard of her home in June 1999 in violation of a restraining order.

Hours later Simon Gonzales died in a gun fight with officers outside a police station. The bodies of the three girls, ages 10, 9 and 7, were in his truck.

Gonzales argued that she was entitled to sue based on her rights under the 14th Amendment and under Colorado law that says officers shall use every reasonable means to enforce a restraining order. She contended that her restraining order should be considered property under the 14th Amendment and that it was taken from her without due process when police failed to enforce it.

"The restraining orders are not worth anything unless police officers are willing to enforce them. They are just paper," said Brian Reichel, the attorney for Gonzales. "If nothing else this case has shined the spotlight on a very important issue."

Castle Rock, Co., police contend they tried to help Gonzales. Police twice went to the estranged husband's apartment, kept an eye out for his truck and called his cellular phone and home phone.

Gonzales reached him on his cell phone, and he told her that he had taken the girls to an amusement park in nearby Denver. Gonzales contends that police should have gone to the amusement park or contacted Denver police.

The case is Castle Rock, Colo., v. Gonzales, 04-278

http://apnews.myway.com/article/20050627/D8B017TG0.html

*FW Note:

Word from the high, holy, interpreters of the law that even though the government squeezes and extorts tax monies from The People, no service of any tangible nature is owed in return. The police are paid from tax revenues, but they have no legal obligation to provide police services to citizens who have followed their only legal recourse, and are in imminent danger.

:x
 

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I think it's time for another revolution. The courts don't work in the favor of the citizenry even though they are paid from public funds (taxes); the police - whose salaries are paid through public funds (taxes) - don't work in favor of the citizenry, and politicians who are also paid through public funds and drain the tax coffers don't work in favor of the citizenry.

I say that we should throw them all out and go back to the 2nd Amendment to defend ourselves. Who the hay needs a five minute response time from the police, which is now supported by judges even though they know the tragedies will continue, when you're looking down the barrel of a gun, at the blade of a knife or at a club being swung at your head. You need protection right then and there - you will be dead by the time the police arrive.

The 2nd Amendment was written as an individual right. Only fools and politicians feel we should leave our personal defense to the police, who are never where you need them when you need them. If that woman had gotten a gun when she got her restraining orders and had thought more about watching over her brood with the sort of danger her husband posed, those 3 children may be alive today.

Funny isn't it or rather sad I think, that people who want the government to do everything for them (keep my husband away from me) forget that the basics of protecting one's own are an individual responsibility. Tragic and sad, but at least he won't be able to hurt anyone else. JMHO. Mikey.
 

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I like the old say "An ounce of lead is worth a pound of restraining orders". If the case EVER arose where I'd need a restraining order, I'd most certainly carry concealed and not hesitate to use deadly force to protect me or my family. And the funny thing is, its illegal for almost all citizens to do that here in NJ. I wouldn't care. Until the residents of this state are allowed to legally protect themselves as guaranteed by the Constitution of this nation, I'd do what I had to do. Ambush
 
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