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Things You Should Know: The Police Aren't Obligated to Protect You

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Sounds ludicrous, doesn't it? Police are supposed to protect and serve, stop crimes from happening, et cetera. And to be fair to the men in blue, I do believe that most of them truly want to save lives, stop crime and put an end to dangerous situations before anyone is injured-- but they are under no legal obligation to do so.

And US courts have consistently found this to be the case.

DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189, 109 S.Ct. 998, 1989 (1989)-- Joshua DeShaney was a four-year old boy whose father was known to be abusing him. In January of 1983, Randy DeShaney, Joshua's father, was arrested for child abuse, and subsequently the county Department of Social Services entered into an agreement with the boy's father; Joshua was returned to his care. On eight subsequent occasions, reports of abuse led to no action on the part of the police or Social Services. Fifteen months after his initial arrest, "Randy DeShaney beat 4-year-old Joshua so severely that he fell into a life-threatening coma. Emergency brain surgery revealed a series of hemorrhages caused by traumatic injuries to the head inflicted over a long period of time. Joshua did not die, but he suffered brain damage so severe that he is expected to spend the rest of his life confined to an institution for the profoundly retarded. Randy DeShaney was subsequently tried and convicted of child abuse."[from the Court Opinion] Randy DeShaney served less than two years in jail, and currently resides in Appleton, WI.

There is no merit to petitioner's contention that the State's knowledge of his danger and expressions of willingness to protect him against that danger established a "special relationship" giving rise to an affirmative constitutional duty to protect. While certain "special relationships" created or assumed by the State with respect to particular individuals may give rise to an affirmative duty, enforceable through the Due Process [489 U.S. 189, 190] Clause, to provide adequate protection, see Estelle v. Gamble, 429 U.S. 97; Youngberg v. Romeo, 457 U.S. 307, the affirmative duty to protect arises not from the State's knowledge of the individual's predicament or from its expressions of intent to help him, but from the limitations which it has imposed on his freedom to act on his own behalf, through imprisonment, institutionalization, or other similar restraint of personal liberty.

Riss v. New York, 240 N.E.2d 860 (N.Y. 1968)-- In 1959, Linda Riss was terrorized for six months by an ex-boyfriend, who repeatedly threatened to kill or maim her, stating "If I can't have you, no one else will have you, and when I get through with you, no one else will want you." Riss repeatedly called the police to seek protection, but she was told they would not get involved because her ex-boyfriend was a prominent lawyer in the area. The day after she and her new fiance announced their engagement, a hired thug, acting at the behest of her ex-boyfriend, threw lye in her face, blinding her in one eye, severely damaging the other, and permanently scarring her features.

The amount of protection that may be provided is limited by the resources of the community and by a considered legislative-executive decision as to how those resources may be deployed. For the courts to proclaim a new and general duty of protection in the law of tort, even to those who may be the particular seekers of protection based on specific hazards, could and would inevitably determine how the limited police resources of the community should be allocated and without predictable limits.

Warren v. District of Columbia (444 A.2d 1, 1981)-- Two of three female roommates were upstairs when they heard men break in and attack the third. After repeated calls to the police over half an hour, the roommate's screams stopped, and they assumed the police had arrived. They went downstairs to find that the assailants had, in fact, not left, and were held captive, raped, robbed, beaten, and forced to commit sexual acts upon one another and to submit to the attackers' sexual demands for 14 hours. The police had lost track of the repeated calls for assistance.

(O)fficial police personnel and the government employing them are not generally liable to victims of criminal acts for failure to provide adequate police protection ... this uniformly accepted rule rests upon the fundamental principle that a government and its agents are under no general duty to provide public services, such as police protection, to any particular citizen ... a publicly maintained police force constitutes a basic governmental service provided to benefit the community at large by promoting public peace, safety and good order.

Hartzler v. City of San Jose, 46 Cal.App.3d 6, 120 Cal.Rptr. 5 (1975)-- Mrs. Bunnell had called the police to report that Mack Bunnell had called saying he was on his way to her home to kill her. She was told to call back when Mack Bunnell arrived. The police had responded 20 times to her calls in the past year, and on one occasion, arrested her estranged husband for assaulting her. The court held that the police department enjoyed absolute immunity for their failure to provide sufficient police protection. The allegations that the police had responded 20 times to her calls did not indicate that the police department had assumed any special relationship or duty toward her such as would remove its immunity.

Russ Kick, in "50 Things You're Not Supposed to Know" relates the story of an Iowa family who, in 1987 were attacked by two men who broke into their home--

tied up the parents, slit the mother's throat, raped the 16-year-old daughter, and drove off with the 12-year old daughter (whom they later murdered). The emergency dispatcher couldn't be bothered with immediately sending police to chase the kidnappers/murders/rapists while the abducted little girl was still alive. First he had to take calls about a parking violation downtown and a complaint about harassing phone calls. When he got around to the kidnapping, he didn't issue an all-points bulletin but instead told just one officer to come back to the police station, not even mentioning that it was an emergency. Even more blazing negligence ensued, but suffice it to say that when the remnants of the family sued the city and the police, their case was summarily dismissed before going to trial. The state appeals court upheld the decision, claiming that the authorities have no duty to protect individuals.

He found that people in various states have been unable to successfully sue over situations such as

  • When 911 systems have been shut down for maintenance
  • when a known stalker kills someone
  • when police pull over, but fail to arrest a drunk driver who continues on to kill someone later in the evening
  • when a violently unstable cop shoots a driver he had pulled over for an inadequate muffler
  • when authorities know in advance of murder plans, but do nothing to stop the murder
  • when parole boards free violent psychotics, including child rapist-murderers
  • when felons escape from prison and kill someone, ven if the escape was due to negligence
  • when houses burn down because the fire department doesn't respond promtly
  • when children are beaten to death in foster homes.

These are all important (and scary) things to consider, if you are operating under the assumption that the police have a duty to protect you from criminals or criminal activity.

  • 34 Votes
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{"commentId":4781856,"authorDomain":"iarnuocon"}

One of the things which is often brought up in gun control debates is the suggestion that the police remove any necessity for citizens to be armed, since they will protect you from crime. The fact is, even if they were under such an obligation (which they aren't) they are in no position to fulfill it.

Even if all 500,000 American police officers were assigned to patrol, they could not protect 240 million citizens from upwards of 10 million criminals who enjoy the luxury of deciding when and where to strike. But we have nothing like 500,000 patrol officers; to determine how many police are actually available for any one shift, we must divide the 500,000 by four (three shifts per day, plus officers who have days off, are on sick leave, etc.). The resulting number must be cut in half to account for officers assigned to investigations, juvenile, records, laboratory, traffic, etc., rather than patrol.(1)

Whether you choose to own a gun or not, you should at least make an informed decision regarding your own safety.

{"commentId":4781856,"threadId":"468351","contentId":"2303566","authorDomain":"iarnuocon"}
  • 6 votes
Reply#1 - Mon Jan 12, 2009 5:58 PM EST
{"commentId":4811512,"authorDomain":"tylers0420"}

Sories like this is why I am a strong supportor of the 2'nd amondment. I was unaware of the lack of liability the police have, thanks for the info (you are making me think twice about not jumping through the hoops I have to to get my fid here in MA)

{"commentId":4811512,"threadId":"468351","contentId":"2303566","authorDomain":"tylers0420"}
  • 1 vote
#1.1 - Wed Jan 14, 2009 3:45 PM EST
Reply
{"commentId":4782276,"authorDomain":"fitzright"}

Hm, you make your point quite clear, but I'm not sure I completely agree.

What in your mind would be the effect of having a police force where all individual members can be sued for criminal neglect or damages when things go sour? Including that and bad pay, nobody would join.

Incompetence should be dealt with harshly, but as in the army this can only work if it is a closed system i.e. internal police. Otherwise, every time you bring a criminal to justice you can get slapped with a counter suit.

As for gun control, we've had this discussion before. If I remember correctly you called me an @!$%# then. :-) I still feel that in highly populated areas guns do more harm than they save lives, but I agree that you cannot entirely trust on the police to protect you.

It's a tough one. How do you suggest solving this?

{"commentId":4782276,"threadId":"468351","contentId":"2303566","authorDomain":"fitzright"}
  • 3 votes
Reply#2 - Mon Jan 12, 2009 6:27 PM EST
{"commentId":4784672,"authorDomain":"iarnuocon"}

What in your mind would be the effect of having a police force where all individual members can be sued for criminal neglect or damages when things go sour? Including that and bad pay, nobody would join. I agree. But I'm not arguing that the police should always be held liable to such suits. I certainly think there shouldn't be a blanket immunity to such suits-- there are quite obviously instances where police have acted incompetently to the detriment of the public. But I think that the larger problem is that the public has a mistaken notion as to the role of the police, such that they make ill-informed decisions about what's reasonable in regard to their own safety.

It's not so much that I'm arguing for opening police departments everywhere to liability for any bad outcome, but rather for individual citizens to be aware that the police are a backstop to self-defense, not a replacement for it. If you choose not to take responsibility for your own safety, you should be aware that you won't be able to hold the police responsible for it, either.

As for gun control, we've had this discussion before. If I remember correctly you called me an @!$%# then. :-) Lol... those sorts of discussions can get out of hand, can't they. If I didn't apologize then, allow me to apologize now.

How do you suggest solving this?First, people need to be aware of the facts. If you're not aware of the facts, you can't make an informed decision. I have no problem with people who choose not to own firearms, that's certainly their right. But I do think it's foolish not to prepare for eventualities. This includes education. People who purchase home or car insurance are not stupid for having prepared for the possibility of disaster, even if they never file a claim.

To that end, learn to recognize threats, understand your own reactions to threats, be aware of your surroundings.

My presumption is that most people are good people, but the reason why bad people victimize so many good people is that most such good people are uneducated, untrained, unaware and unprepared. Working on eliminating any of those handicaps can only help, in my opinion.

{"commentId":4784672,"threadId":"468351","contentId":"2303566","authorDomain":"iarnuocon"}
  • 5 votes
#2.1 - Mon Jan 12, 2009 9:39 PM EST
{"commentId":4792265,"authorDomain":"Griff69"}

It's not so much that I'm arguing for opening police departments everywhere to liability for any bad outcome, but rather for individual citizens to be aware that the police are a backstop to self-defense, not a replacement for it.

Well, then I'll argue it. I see no reason for different liability for the police than for anyone else. If a person is injured during the commission of a felony, whether by cop or by someone else, then that injured party can suck it. On the other hand, no felony, no immunity.

{"commentId":4792265,"threadId":"468351","contentId":"2303566","authorDomain":"Griff69"}
    #2.2 - Tue Jan 13, 2009 1:31 PM EST
    {"commentId":4795985,"authorDomain":"liveevil68"}
    liveevil68Deleted
    Reply
    {"commentId":4782425,"authorDomain":"vpstealth"}

    Very interesting article indeed! I wonder how many cases there are like this in the entire US?

    I have never been in doubt that when the s*** hits the fan, you can only trust yourself. Thus I firmly support the 2nd Amendment when it comes to protecting me and my family.

    I wonder if an open investigation into cases like this would move the public and political opinion towards a more positive attitude to gun rights? However, law enforcement is probably the last place to ask for information like that...they seem more and more steadfast in their decision to first disarm citizens in collaboration with more than willing state politicians who will not respect our Constitution - and then taser or shoot us.

    Excellent work iarnuocon!

    {"commentId":4782425,"threadId":"468351","contentId":"2303566","authorDomain":"vpstealth"}
    • 2 votes
    Reply#3 - Mon Jan 12, 2009 6:38 PM EST
    {"commentId":4803252,"authorDomain":"ulicnyp001"}

    From the studies that I have looked at, the average street cop is in favor of the 2nd Amendment.  It is management, i.e Chiefs of Police who might well be against the armed citizen.   

    {"commentId":4803252,"threadId":"468351","contentId":"2303566","authorDomain":"ulicnyp001"}
      #3.1 - Wed Jan 14, 2009 7:56 AM EST
      Reply
      {"commentId":4783573,"authorDomain":"Jcpas"}

      Eff the police.  I have never had anything but bad experiences with them.  Maybe it's the small town thing... they just always seem like they get a real power trip out of their job.  I've never been treated with anything but disrespect by police, presumably because I'm young. Because of past experiences, I have a genuine phobia of these men in uniform.

      If their job isn't to protect, I want some tax money back so I can pay for my own forms of protection.  I'm tired of hearing of cops failing in their duty, or worse, going directly against their duty and actually killing or harming innocent people!  They should be paid more and be required to be educated at a level beyond high school.

      {"commentId":4783573,"threadId":"468351","contentId":"2303566","authorDomain":"Jcpas"}
      • 3 votes
      Reply#4 - Mon Jan 12, 2009 8:03 PM EST
      {"commentId":4785084,"authorDomain":"gumwars"}

      You should link this back to your article about the 2nd amendment!

      {"commentId":4785084,"threadId":"468351","contentId":"2303566","authorDomain":"gumwars"}
        Reply#5 - Mon Jan 12, 2009 10:19 PM EST
        {"commentId":4786695,"authorDomain":"Boothby"}

        There's an old saying, a 9mm in the hand is better than 911 on the phone.  I have slightly mixed feelings, my shotgun and phone can both be reached from the bed.  Part of the mixed feelings on my part are that I don't expect police to try and stop crimes they think might happen, that's why we have laws on probable cause for example and search and seizure.  Cops can't act on their gut except in movies or it'll likely be thrown out of court, if a DA will proceed at all.  On the other hand, the examples above are blatant and should have been acted upon.  By and large the police aren't permitted to act unless a crime has been committed, and cops have been slapped down for exceeding their authority in the past as well.

        To protect and to serve is a motto, its not grounds for legal action.  You also can't sue the scout master because he forgot the marshmallows, Be Prepared is also only a motto.

        {"commentId":4786695,"threadId":"468351","contentId":"2303566","authorDomain":"Boothby"}
        • 3 votes
        Reply#6 - Tue Jan 13, 2009 1:30 AM EST
        {"commentId":4786750,"authorDomain":"georgerdavis"}

        I think we live under a false assumption that law enforcement is here to enforce the law. The more laws we have, the more lawless we become and the more paralyzed the police seem for fear of the courts. Good points, Tim.

        {"commentId":4786750,"threadId":"468351","contentId":"2303566","authorDomain":"georgerdavis"}
        • 3 votes
        #6.1 - Tue Jan 13, 2009 1:39 AM EST
        Reply
        {"commentId":4792016,"authorDomain":"alkimija"}

        Excellent article.

        I have often told folks who advocate restrictive gun laws that they are essentially arguing in favour of robbery, rape, and murder. Law-abiding citizens will respect such laws, but criminals never will - and a disarmed citizen is a sitting duck.

        The police are, as you wrote, under no obligation to protect you, and I have found this out to my own personal detriment in the past. For the most part, the police are there to draw a chalk outline around your body (if they can find it, that is), and do their best to justify their pay by spending time investigating crimes.

        That's the rub: if the cops actually did prevent crimes, we'd need less of them. It is - horribly enough - in the cops' best interests to have a high crime rate, to justify their existence.

        {"commentId":4792016,"threadId":"468351","contentId":"2303566","authorDomain":"alkimija"}
        • 1 vote
        Reply#7 - Tue Jan 13, 2009 1:18 PM EST
        {"commentId":4793144,"authorDomain":"po-poet"}

        Very interesting to me,  As a doctor if I am negligent I am liable and no courts will challenge that. Whats more interesting was the "no assumed relationship" parts to some of these cases. I am a psychiatrist. I have seen patients in the emergency room. Patients I have never seen before nor probably will see after. Our staff was recently told by risk management that if we evaluate someone there is an "assumed relationship" and we are responsible for that patient until someone else provides care. What that means is that if I see someone in the ER and they are depressed, not suicidal, and I send them home with an antidepressant and a follow up, and they don't keep the follow up get more depressed and kill themselves I would be liable.

        Maybe a personal vent, but I get very frustrated at the high standards of care in medicine when other professions equally responsible for life dont have the same.

        {"commentId":4793144,"threadId":"468351","contentId":"2303566","authorDomain":"po-poet"}
        • 5 votes
        Reply#8 - Tue Jan 13, 2009 2:23 PM EST
        {"commentId":4793422,"authorDomain":"bowmantool--onnie"}

        Articles inspiring the maintenance of our 2nd amendment rights.  According to case law, police officers cannot be sued  for not protecting a citizen.  It is not their responsiblity, despite what most people think, to protect you.  You have an obligation to yourself, to defend yourself.

        {"commentId":4793422,"threadId":"468351","contentId":"2303566","authorDomain":"bowmantool--onnie"}
        • 2 votes
        Reply#9 - Tue Jan 13, 2009 2:38 PM EST
        {"commentId":4795793,"authorDomain":"liveevil68"}
        liveevil68Deleted
        {"commentId":4796517,"authorDomain":"iarnuocon"}

        Hey, I voted for Obama. I'm not a single issue voter, and I don't subscribe to the view that Obama will somehow grab all guns. Especially in light of the fact that the SCOTUS has come out in favor of an individual rights interpretation of the 2nd Amendment.

        But yeah, people should take a care, armed or not, to develop situational awareness.

        {"commentId":4796517,"threadId":"468351","contentId":"2303566","authorDomain":"iarnuocon"}
        • 2 votes
        #9.2 - Tue Jan 13, 2009 5:30 PM EST
        {"commentId":4805408,"authorDomain":"bowmantool--onnie"}

        liveevil68- Your choice of weapons is right on. I have both the Kimber pro carry(excellent balance) and a Mossberg (nice for relatively close quarters).  Those who do not live in rural America don't seem to understand the need for self protection. They are willing to let it up to someone at 911 and the police.  The police do a great job, but they can't "beam" themselves to your rescue.  Great post. Live well.

        {"commentId":4805408,"threadId":"468351","contentId":"2303566","authorDomain":"bowmantool--onnie"}
          #9.3 - Wed Jan 14, 2009 10:41 AM EST
          Reply
          {"commentId":4796098,"authorDomain":"womenslegal"}
          womenslegalDeleted
          {"commentId":4797401,"authorDomain":"alkimija"}

          I'd like to add here that I'm a Canadian. That means I live in a country with insanely restrictive gun laws. There have been cases - yes, multiple - where intruders have broken into people's homes, and the homeowners defended themselves with guns. The homeowners were subsequently charged with firearms offenses.

          You see, here in Canada, we're supposed to always have our guns under lock and key. Always. So the reasoning is, that we shouldn't be able to get ahold of a gun to defend ourselves from intruders if such a thing were to (Heaven forbid) actually happen.

          As a single Mom with a young child, living disturbingly close to a "correctional" institution that houses - and, more to the point, releases - most of the violent sexual offenders in this country, I'm more than aware of all these facts. I think about what might happen and if I really would be able to defend the two of us.

          Feel sorry for us Canucks. Not only will the cops not protect us, but we're not even allowed to protect ourselves. Don't let it happen in America, too.

          {"commentId":4797401,"threadId":"468351","contentId":"2303566","authorDomain":"alkimija"}
          • 4 votes
          Reply#11 - Tue Jan 13, 2009 6:27 PM EST
          {"commentId":4799726,"authorDomain":"riddlemedoooo"}

          No. They are NOT obligated to be your bodyguard and they cannot by law do ANYTHING until someone actually commits a crime on you. That's the way the law works. Now if you have a court order against a stalker or your ex, they DO have to arrest them if they come within a certain distance of you. But depending on where your located, all you can do is hope for the best. That's why a gun is soooo handy.

          {"commentId":4799726,"threadId":"468351","contentId":"2303566","authorDomain":"riddlemedoooo"}
            Reply#12 - Tue Jan 13, 2009 9:50 PM EST
            {"commentId":4805837,"authorDomain":"DrKnow"}

            "to protect and serve" - just another in the long line of lies the police tell us every day.

            Remember - The police are allowed to and even encouraged to lie to you. It is a crime for you to lie to them.

            Remember - If you choose to talk to the police everything you say can and will be used against you. NOTHING you say CAN be used for your defense. It serves no purpose to talk to the police other than to make their job easier. Your cooperation will not even be mentioned much less be used to get a better deal.

            {"commentId":4805837,"threadId":"468351","contentId":"2303566","authorDomain":"DrKnow"}
            • 3 votes
            Reply#13 - Wed Jan 14, 2009 11:04 AM EST
            {"commentId":4860873,"authorDomain":"notsanta"}

            Ok ok settle down. Every time I want on a domestic call and there were signs of abuse or assault were noticed by either party, one went to jail. Thats a standard. I was the paramedic, the cops made sure someone went to jail or left the premises

            Now what should be done is that anytime there is a domestic problem, the one being abused shoud get an emergency restraining order and a pistol permit. Shot gun works just as well.

            {"commentId":4860873,"threadId":"468351","contentId":"2303566","authorDomain":"notsanta"}
            • 1 vote
            Reply#14 - Sat Jan 17, 2009 4:49 PM EST
            {"commentId":9847231,"authorDomain":"janpietklaas"}
            janpietklaasDeleted
            {"commentId":9861588,"authorDomain":"willnotbesilenced"}
            willnotbesilencedDeleted
            {"commentId":11300645,"authorDomain":"alaskanmike52"}

            Great article that exposes the sorry truth that gun control supporters hate to hear. Worse yet there are the cretins who believe like New York States Attorney General Andrew Cuomo that you have no right to self defense.

            Pump up all your muscles, practice martial arts, but it was Colonel Colt who made us all equal!

            {"commentId":11300645,"threadId":"468351","contentId":"2303566","authorDomain":"alaskanmike52"}
              Reply#17 - Sat Dec 19, 2009 9:01 PM EST
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