You Have No Right To Police Protection (Or: And Now For Something I Totally Agree With...)
WASHINGTON (AP) - 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
Maybe people will start to learn now that their own safety is their responsibility, and theirs alone.
A restraining order is like a lock - locks only keep honest people out. Restraining orders only keep honest people away. It just is a piece of paper. Like a law, it doesnt prevent anything, but it provides grounds for arrest and prosecution (punishment) for the person who does a bad thing.
If Gonzales wanted protection, she should have watched her children at all times. If her husband was enough of a threat to get a restraining order, he was enough of a threat to warrant always watching the children. A mother in that situation who puts her head in the sand about the true danger is not only a fool, she is a damned fool. Most men dont kill their kids/wives because they hate them, they kill them because they want to keep them, as a form of control.
And (can you see it coming yet?) if Gonzales was in fear of her husband to that degree, she should have gotten some self protection training, a handgun & Concealed Carry liscense and gun training, and kept that gun with her 24/7.
If you want safety, if you want security, the first step in attaining it is to drop the illusion of having it. None of us are safe, none of us are secure, and none of us ever will be perfectly - but we can plan, train, have and use tools, that greatly improve our quality of safety and security, and will for most cases bring us (and our loved ones) out safely on the other side of an event like this.
Unfortunately, most people are more comfortable with the illusion, that with actually doing for themselves. They want a baby-sitter, a state sponsored baby-sitter, in a blue uniform with a gun because the responsibility of doing for themselves is too much. I am beggining to firmly believe this, the majority of people do not want responsibility, they want to be like little kids, told what to do and molly-coddled about everything.