The Myth Of Police Protection
BY Herschel Smith
6 years, 6 months ago
We’ve discussed many times how Warren v. D.C. and Castle Rock v. Gonzalez clearly and in no uncertain terms both find that, excepting some special deal where police agree to provide witness protection, for instance, the police are under absolutely no legal obligation to defend you or to come to your rescue during distress.
David Codrea mentions another recent case bearing on the subject.
A federal judge on Tuesday dismissed a lawsuit filed against the city of Charlottesville, its former police chief and the former superintendent of the Virginia State Police after the deadly white nationalist rally in the city last summer.
In his lawsuit, Robert Sanchez Turner alleged that local and state police commanders, led by then-city Police Chief Al Thomas and then-VSP Superintendent Col. W. Steven Flaherty, violated his and others’ civil rights on Aug. 12 by failing to prevent the violence that day.
Turner alleged that he was the victim of violence that was witnessed by officers who did nothing to stop the fracas that ensued for nearly an hour before authorities declared the event to be an unlawful assembly and ordered everyone in and around Emancipation Park to disperse.
“Plaintiff’s claims share a common question: whether there is constitutional duty under the Fourteenth Amendment for the police to intervene to protect a citizen from criminal conduct by third parties,” Judge Norman K. Moon’s opinion says.
“Because I find this duty is not ‘clearly established,’ his claims are barred by qualified immunity.”
The judge understated the case. It isn’t just that the duty isn’t clearly established, it just isn’t there except in the imagination of the progressives.
Anyone who still believes that is a fool.
On May 31, 2018 at 6:08 am, ragman said:
Ok, I understand this. What I don’t understand is, after reading decisions like these, how an intelligent person could possibly be for gun confiscation. I can only conclude that the confiiscators are not intelligent people and that they must be told “no, you will not take away my means to protect myself and my family “. It’s not gonna happen. Your turn.
On May 31, 2018 at 8:02 am, H said:
I wonder why they didn’t pursue the whole “the State police physically pushed the right into the violent Antifa and BLM ‘protestors'” angle. It’s one thing to try to change the “no duty to protect” doctrine when the optics are the very worst, vs. the credible claim this was just one step short of a “police riot“.
On May 31, 2018 at 8:22 am, CJ said:
Don’t forget DeShaney v. Winnebego County
On May 31, 2018 at 8:29 am, BRVTVS said:
@ ragman
It’s not intelligence that they lack, but morality. The intelligent wolf doesn’t want the sheep to fight back. One of the best summaries I’ve seen of leftist ideology is in Proverbs 1:
“10 My son, if sinners entice thee, consent thou not.
11 If they say, Come with us, let us lay wait for blood,
let us lurk privily for the innocent without cause:
12 let us swallow them up alive as the grave;
and whole, as those that go down into the pit:
13 we shall find all precious substance,
we shall fill our houses with spoil:
14 cast in thy lot among us;
let us all have one purse:
15 my son, walk not thou in the way with them;
refrain thy foot from their path:”
On May 31, 2018 at 8:31 am, Fred said:
I agree that police have no duty to protect you. Numbers 35 clearly lays out a course for the manslayer, the avenger, refuge, and the congregation in judgment.
Our LORD never countermands Himself. He has told you in multiple verses across ages that your defense is your own. Did you listen? Did you read the book? Our civilization is destroyed because we don’t know its foundation.
It’s an illusion to think that somebody else will protect you. It’s one short hop to the delusion that you should put your trust in a group of men to keep you from harm. Even God lays out a course of action to deal with the Sin of harm of to another AFTER THE FACT.
This leads me to the conclusion that we are plain ol’ crazy. Why are we paying some of our neighbors to arm themselves to monitor and control our behavior? It’s all an illusion. Even the threat of real reprisal has its limits in some men. The delusion comes by thinking one group, regardless of supposed delegated authority and whether in certain costumes or not, is somehow less sinful than another group. It’s dull witted. I strongly suggest that we all learn to defend ourselves.
On May 31, 2018 at 10:20 am, ragman said:
BRVTVS: call it what you will, the answer is still no! Excellent summary.
On May 31, 2018 at 12:47 pm, Pat Hines said:
This is why I bridle at the phrase, “he took the law into his own hands”. Of course he did that, that’s from where the law originates and one can take back a delegated power at any time. The police are a sort of professional posse, if they receive any training at all. They do not and cannot have powers that I do not possess.
As for Charlottesville, the League of the South participants were armed in a number of ways, including riot shields. Those arrested and charged were engaged in self defense, a fact which is clearly visible via numerous videos.
The huge female that died was not killed by anyone other than herself. She was a chain smoking, morbidly obese ANTIFA participant that died from a massive heart attack. She was NOT struck by a car.
On May 31, 2018 at 2:02 pm, Jack Crabb said:
What H said.
From what I know, while the police might not have actually instigated the “riot”, they certainly set all the dominoes into place.