The U.S. Supreme Court ruled on Monday that a Colorado woman who was the victim of domestic violence cannot sue law enforcement for failing to enforce a protective order.
In a 7-3 opinion written by Justice Antonin Scalia, the court said the protective order did not create a property interest right under the U.S. Constitution. "Colorado law has not created a personal entitlement to enforcement of restraining orders," he wrote.
Justice John Paul Stevens filed a dissent, which was joined by Justice Ruth Bader Ginsburg. Stevens said the court ignored Colorado law stating that police must enforce protective orders.
The case arose when Jessica Gonzales sued the town of Castle Rock for failing to arrest her estranged husband, who violated a protective order by coming to Gonzales' home and taking their three daughters. He later murdered the girls and was shot dead by police in front of a police station.
Get the Story:
Court Backs Town In Lawsuit Over Domestic Violence
(The Washington Post 6/28)
pwpwd
Court denies mom right to sue police (The Denver Post 6/28)
Justices Rule Police Do Not Have a Constitutional Duty to Protect Someone (The New York Times 6/28)
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Decision in Castle Rock v. Gonzales:
Syllabus |
Opinion [Scalia] |
Concurrence [Souter] |
Dissent [Stevens]
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Supreme Court rejects suit in domestic violence case
Tuesday, June 28, 2005
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