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Liability for Failure to Protect (vanity)
31 Jan 2017 | Self

Posted on 01/31/2017 4:26:10 AM PST by fruser1

It's looking like "protest" is going to be SOP for the entire Trump admin.

These mobs are interfering w/the ability of regular folks to go about their lives because the state is not performing its duty to maintain order.

There have been plenty of posts concerning "fighting back" or "when they get bloody they'll stop" kinds of things.

So I'm wondering about another approach - since the state is supposed to maintain order, why can't the state be sued for negligence or what not?

The first thing I found useful when looking into this is the article below. Skip over the parts about not being protected under custody.

I'm interested in the parts concerning "state created danger".

Article references case law that I haven't looked up yet.

http://www.policemag.com/channel/patrol/articles/2010/06/liability-for-failure-to-protect.aspx


TOPICS:
KEYWORDS: demonstrations; mobs; protests; riots
I thought this might be useful. We need to start holding the state accountable for failing to protect the public from mobs.
1 posted on 01/31/2017 4:26:10 AM PST by fruser1
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To: fruser1

Well, one would think the ‘state’ would be liable to protect its charges.

However, I seem to recall a Supreme Court ruling similar to this regarding a case brought against a Law Enforcement Agency that failed to ‘protect’ someone. The gist of the ruling is that LE is really only required to uphold and enforce the law.

This, in effect, said you are basically on your own when you have to deal with dangers real-time.


2 posted on 01/31/2017 4:30:37 AM PST by Gaffer
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To: Gaffer

Yes, but I think that case was centered around something more general like, “I should not have gotten mugged because the state is supposed to protect me”.

The difference with the mob scenario I’m talking about is when they don’t attempt to clear streets or just stand there when they see someone get attacked in the crowd.

In that case, they are out in force, supposedly to ensure safety.


3 posted on 01/31/2017 4:34:37 AM PST by fruser1
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To: fruser1

Perhaps. I don’t know. I was just musing on a vague recollection. Thanks.


4 posted on 01/31/2017 4:37:13 AM PST by Gaffer
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To: fruser1

The mobs in “pussy hats” are particularly annoying. They
need JOBS (if they would even go to them). Vagina Heads
like Assley Jugghead & Mad Donna already have their
fortunes made & don’t really have to work any more (if you
call what they did “work”; but ordinary people do need to
get off their duffs and get cracking).


5 posted on 01/31/2017 4:37:45 AM PST by Twinkie ( John 3:16)
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To: fruser1

Governmental liability for personal injuries is a complicated subject and is a specialized field among personal injury lawyers.


6 posted on 01/31/2017 5:01:23 AM PST by Rockingham
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To: fruser1

Make no mistake. The “Law and Order” President is now in charge. Those protesters at airports and highways obstructing us citizens will soon start to be arrested for trespassing and other offences. MAKE MY WORDS. There is an adult in charge now.


7 posted on 01/31/2017 5:07:19 AM PST by Undecided 2012
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To: Undecided 2012

“MARK” oopps


8 posted on 01/31/2017 5:08:51 AM PST by Undecided 2012
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To: fruser1

Sessions is going to crack down hard on this thuggery. BO turned a blind eye to it and actually encouraged some of the BLM unrest.

Also, it’s a large task to keep people apoplectic for weeks, months, years on end.

After a while, weariness and discouragement will set in because they are not going to change anything. Mostly all but the usual core NWO Soros agitators will return to their semblance of a normal existence.

It may take a while and there will be periodic uprisings, but eventually they’ll be resigned to the fact that their next chance to really do something will be in 2020.


9 posted on 01/31/2017 5:46:20 AM PST by randita (PLEASE STOP ALL THE WORTHLESS VANITIES!)
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To: randita

I thought the same thing. I can’t wait until later today when he announces his SC nominee and they erupt, yet again. They will soon get tired, but we will continue to love WINNING.


10 posted on 01/31/2017 5:51:45 AM PST by Undecided 2012
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To: fruser1

Elect a pro-2nd amendment, constitutional sheriff in your county. Here’s how a sheriff handles anarchists and commies:

http://fox6now.com/2014/12/08/as-youtube-video-is-released-showing-protesters-on-i-794-sheriff-clarke-chief-flynn-discuss-arrests/


11 posted on 01/31/2017 6:00:53 AM PST by sergeantdave (Cats are like potato chips - you can't have just one.)
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To: fruser1

Two words - sovereign immunity


12 posted on 01/31/2017 6:14:19 AM PST by H Szenes
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To: fruser1

No one, no one, should be allowed to interfere with law abiding citizens going about their busines! Protestors have the right to protest but must follow set procedures or BE arrested and CHARGED.

Local authorities must do their jobs because this will get ugly very quickly. Americans are fed up with failure to follow the law!


13 posted on 01/31/2017 7:32:38 AM PST by jch10 (President Trump, President Trump, President Trump! I just love saying that!)
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