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THE POLICE AREN'T LEGALLY OBLIGATED TO PROTECT YOU
Without even thinking about it, we take it as a given that the police must protect each of us.
That's their whole reason for existence, right?
While this might be true in a few jurisdictions in the US and Canada, it is actually the exception,
not the rule. In general, court decisions and state laws have held that cops don't have to do a
thing to help you when you're in danger.
In the only book devoted exclusively to the subject, Dial 911 and Die, attorney Richard W.
Stevens writes:
It was the most shocking thing I learned in law school. I was studying Torts in my first year
at the University of San Diego School of Law, when I came upon the case of Hartzler v. City
of San Jose. In that case I discovered the secret truth: the government owes no duty to
protect individual citizens from criminal attack. Not only did the California courts hold to
that rule, the California legislature had enacted a statute to make sure the courts couldn't
change the rule.
But this doesn't apply to just the wild, upside down world of Kalifornia. Stevens cites laws an
cases for every state — plus Washington DC, Puerto Rico, the Virgin Islands, and Canada -
which reveal the same thing. If the police fail to protect you, even through sheer incompetence
and negligence, don't expect that you or your next of kin will be able to sue.
Even in the nation's heartland, in bucolic Iowa, you can't depend on 911. In 1987, two men broke
into a family's 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.
Similarly, people in various states have been unable to successfully sue over the following
situations:
ô€€±when 911 systems have been shut down for maintenance
ô€€±when a known stalker kills someone
ô€€±when the police pull over but don't arrest a drunk driver who runs over someone later that
night
ô€€±when a cop known to be violently unstable shoots a driver he pulled over for an inadequate
muffler
ô€€±when authorities know in advance of a plan to commit murder but do nothing to stop it
ô€€±when parole boards free violent psychotics, including child rapist-murderers
ô€€±when felons escape from prison and kill someone
ô€€±when houses burn down because the fire department didn't respond promptly
ô€€±when children are beaten to death in foster homes
A minority of states do offer a tiny bit of hope. In eighteen states, citizens have successfully
sued over failure to protect, but even here the grounds have been very narrow. Usually, the
police and the victim must have had a prior "special relationship" (for example, the authorities
must have promised protection to this specific individual in the past). And, not surprisingly,
many of these states have issued contradictory court rulings, or a conflict exists between state
law and the rulings of the courts.
Don't look to Constitution for help. "In its landmark decision of DeShaney v. Winnebago County
Department of Social Services," Stevens writes, "the US Supreme Court declared that the
Constitution does not impose a duty on the state and local governments to protect the citizens
from criminal harm."
All in all, as Stevens says, you'd be much better off owning a gun and learning how to use it.
Even in those cases where you could successfully sue, this victory comes only after years
(sometimes more than a decade) of wrestling with the justice system and only after you've been
gravely injured or your loved one has been snuffed.
Wednesday, January 12, 2011
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2011
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January
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- Hiding A Depression: How The US Government Does It
- US students drown in sea of debt
- The Coming German Superpower
- Prediction: America Forced Into Austerity Measures...
- US police wage war on cameras
- Everything Is Falling Apart: 20 Facts That You Wil...
- US harboring a terrorist
- “Tucson” Shooter Part of a Military Mind Control P...
- War for the People; Profit for the Bankers
- BLACKS IN AMERICA STILL DREAMING
- THE POLICE AREN'T LEGALLY OBLIGATED TO PROTECT YOU
- Congress Quietly Prepares to Renew Patriot Act
- Food Riots 2011 – Here We Go
- Argentinian farmers on strike
- North American Union: Connecting Detroit & Canada ...
- FEMA Requests Information on the Availability of 1...
- Russia To Adopt Universal ID Card in 2012 | Singul...
- Judge bows to Sovereign
- Obama Orders Military To Prepare For Spring Food R...
- - Egypt is Another Soros "Color" Revolution
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February
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- Payback for Arizona's Immigrants
- World food prices hit record high: UN agency
- BATTLE:LA TRAILER
- Obama's new budget, same reckless spending
- Inside the Predator Drone Killing Machine
- The Other Story: Home Made Uprising in Madison Wis...
- Empty Store Shelves Coming to America
- ‘Global Economic Crisis’ Exposes Plans For a Globa...
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March
(11)
- People Of Earth: Prepare For Economic Disaster
- Russia, China mortal threat to US?
- Could radiation from meltdown reach California?
- President Barack Obama Issues Executive Order Inst...
- VeriChip wants to chip every US soldier
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- US soldier pleads guilty to Afghan killings
- Celente: Libya civil war none of US business
- 4,000 Ton China Missile Frigate Off Libya Coast
- 'American intervention is largely about oil'
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May
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- War on US workers drives stock market rise
- No prospect of global “economic recovery”
- PressTV - 'US at risk of war with China, Russia'.wmv
- savethemales.ca - Obama-Osama: Your Daily Psy Op
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- Obama breaks War Powers Act
- savethemales.ca - Obama's Jewish "Irish" Grandfather
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June
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- US steps up cyber propaganda war
- savethemales.ca - Canada Set to Become Globalist B...
- Homeland Security testing mind-reading terrorist ‘...
- Western powers fashion a puppet regime for Libya
- TSA Harasses Mentally Disabled Man As Possible Ter...
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- Fed downgrades forecast for US economic growth
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July
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- 16 Reasons Why The United States Can No Longer Aff...
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- Will There Be A New False Flag Attack In Chicago’s...
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November
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- Report: U.K. Preparing for Military Strike on Iran...
- Israeli President Says Attack on Iran is Increasin...
- Occupy Movement & American Awakening-News Analysis...
- US deficit panel focuses on cuts to Medicare, Soci...
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- Medvedev Goes Ballistic: Russian missiles in West'...
- Senate Moves To Allow Military To Intern Americans...
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December
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- Queen of England’s income frozen until 2015
- Has a War With Iran Already Begun? - The Atlantic
- savethemales.ca - Gloria Steinem: How the CIA Used...
- Jobless Americans face benefit cuts
- Celente Forecasts for 2011 Came True - What's Next?
- R.I.P. America
- Americans Will be Transferred to Foreign Prisons U...
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- Better Q3 growth in UK masks risks of recession - ...
- Congress In Secret Talks To Chop Social Security A...
- CRISIS BY DESIGN
- Money Power World Rule
- More Americans seeking food at soup kitchens
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January
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