Need help-US Supreme Court case citation

45King

New member
I'm currently engaged in a debate with some anti types "on another board", and I need to cite a US SC case I've heard of, but don't know the name of. It is the case where the court ruled that law enforcement has no obligation to protect indiviudals. I'm aware of the findlaw on-line resource, but I'm not sure I can find what I'm looking for without a case name. Any suggestions?


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Shoot straight regards, Richard at The Shottist's Center http://forums.delphi.com/m/main.asp?sigdir=45acp45lc
 

45King

New member
DC, thanks for the leads. Since one of the people I'm debating with is a lawyer, he'll be aware that the refusal of the SC to hear a case is tacit approval of the lower court decision.
I'll change my tack and cite some of the cases mentioned in the links you cited, reporting that the SC has never overturned any of these rulings. I just need to be able to confirm which of the cases listed the SC has refused to hear.

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Shoot straight regards, Richard at The Shottist's Center http://forums.delphi.com/m/main.asp?sigdir=45acp45lc
 

Deacon

New member
I dont know if there is any one Supreme Court Case that says that. The classic case enunciating the principle that the police are under no affirmative duty to protect citizens is Riss v. New York, 27 N.Y.2d 579, 240 N.E.2d 860 (N.Y. 1968). You can search for this case and also search for other cases that have cited it.

In Riss a woman attempted to sue the city of New York after her ex-lover hired a man to throw lye in her face on the street. She was blinded in one eye, partially blinded in another and suffered serious scars.

It seems the guy had told her he was going to have it done and she, in turn, had reported it to the police on multiple occasions and requested protection. The police, however, did nothing about it and, as I stated above, she ended up suffering serious injuries. She sued the city in tort (on a negligence theory) only to have the suit dismissed at summary judgement - the court found that the police had no duty to Ms. Riss to protect her. In the world of the law, if you dont have a duty to someone you cant be neglgent towards them - hence, no case. The NY appeals courts upheld the decision.

The basic tort principle that you cant sue the police for not protecting you is pretty much bed rock legal principle enshrined in the common law and statutory of just about every state (there are exceptions and variations from place to place in the specifics of it all). In fact, its still taught as "black letter law" to first year law students at law school around the country.

By the way, the book "stopping power" has a great section on this and cites some ordinaces and statutes as well as case law.

By way of disclaimer: I'm not a lawyer, so dont take what I say on the law as authoritative.

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"If a man neglects to enforce his rights, he cannot complain if, after a while, the law follows his example. . ." - Oliver Wendell Holmes
 

TOMBERGSTR

New member
I would think that this logic is one in the same with the obligation of a property owner to maintain the sidewalk in front of their property . The city owns it but you must shovel the snow , fix cracks and carry insurance on it so people hurt on it can sue you and not the owner ( the city ) . The cities collect taxes to pay police but are selective with the guarantee of protection . I know the cops can't be everywhere at once but if you are on vacation when it snows you are still responsible for snow removal .
It's a simple concept to grasp . They demand taxes but are not required to deliver the product . This would be an excellent case for CCW . " I will pay taxes AND do your job " . Kinda like paying someone to paint your house and then painting it yourself .

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TOM SASS MEMBER AMERICAN LEGION MEMBER NRA MEMBER
 
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