Cops Etc

JKSCHW at aol.com JKSCHW at aol.com
Wed Feb 16 16:44:04 PST 2000


In a message dated 00-02-16 18:58:27 EST, you write:

<< Cops aren't even under an obligation

>>to try to protect you if they witness a crime being commited against

>>your person or property.

>

>Can you explain? As far as I know, PDs have been successfuly sued for

>failing to protect citizens from harm in domestic violence cases (hence the

>shift in thier enforcement policy in such cases). That implies that some

>form of an obligation to protect must exist, no?

The Supreme Court has made it clear that states do not have an

obligation to protect you from private harm (under the 14th

Amendment). See the decision DeShaney v. Winnebago County Social

Services Department, 489 U.S. 189 (1989).

>>

Why is this case relevant here? DeShaney said that you didn't have a constitutional case against a children's service's dep't for child abuse committed, I think, by a foster parent. It doesn't mean that the cops have no obligation to protect you if they observe a violation of the law, evem by a private person. It is conceivable that they have no constitutional obligation, meaning, you can't sue them under 42 USC 1983 if they watch you being beaten by private thugs and do nothing, although I'd like see them try to argue that before my judge, but constitutional obligations are not the only sort. No doubt there are statutiry obligations, such as the ones that make teacher (among others) in Illinois required reporrters of suspected chilkd abuse or require lawyers not covered by confidentiality to report violations of the law. If anyone cares, I will look this up for a couple of states at the office when I get back next week. Or Nathan can do it now.

At any rate, it's a pretty good bet that even the dulllest and slowest cop (and there is no reason to think that cops are duller or slower than most people) will in fact interevene in the usual case if he sees the law is being broken, for example, if thugs begin to beat you up in front of him. Thsi is in the usual case, so yes, I know about how in labor conflictys the cops may join in in the fun, but normally cops do not tolerate street crime in front of their face.

--jks



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