Uvalde police weren’t legally obligated to protect shooting victims. That’s a problem. (via thereidout Blog)
Like those investigations, the Uvalde probe will end with policy recommendations and a report, but Americans hoping for individual
officers or the police department to be held criminally or even civilly liable for their reported refusal to immediately engage the gunman should temper their expectations.that police departments don’t actually have a constitutional obligation to protect people. In Castle Rock v. Gonzales, Jessica Lenahan sued city of Castle Rock, Colorado, alleging that the police department's failure to enforce a restraining order against her estranged husband enabled him to kill their three daughters.
On June 22, 1999, Lenahan reportedly tried for hours to get police to find and arrest her estranged husband, who had taken possession of the three children hours earlier. But the police did not take action, even though Lenahan had obtained a restraining order against him weeks earlier. Lenahan’s legal team argued that the police were derelict in their duty, but after several failed appeals in lower courts, the Supreme Court eventually ruled against her. For the majority, conservative Justice Antonin Scalia wrote: “We do not believe that these provisions of Colorado law truly made enforcement of restraining orders mandatory. A well established tradition of police discretion has long coexisted with apparently mandatory arrest statutes.
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