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Cops Can't Be Sued for Restraining Orders
WASHINGTON (AP) ^ | Jun 27, 10:57 AM (ET) | GINA HOLLAND

Posted on 06/27/2005 8:36:45 AM PDT by strange1

The Supreme Court ruled Monday that police cannot be sued for how they enforce restraining orders, ending a lawsuit by a Colorado woman who claimed police did not do enough to prevent her estranged husband from killing her three young daughters.

. .

Jessica Gonzales did not have a constitutional right to police enforcement of the court order against her husband, the court said in a 7-2 opinion.

Hours later Simon Gonzales died in a gun fight with officers outside a police station. The bodies of the three girls, ages 10, 9 and 7, were in his truck.


TOPICS: Crime/Corruption; Government
KEYWORDS: bang; banglist; castlerock; domesticviolence; exspouse; guncontrol; restrainingorder; rkba; ro; ruling; scotus; secondamendment; spouse; violence
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To: Blood of Tyrants

You're absolutely right on point. I once served as mayor of a small town and a woman abused by a boyfriend came to my office asking about a restraining order. I told her that waving a piece of paper at a violent idiot was worthless. My suggestion to her was to wave a handgun under his nose and be prepared to pull the trigger. I am 100 percent pro gun and not reluctant to use one if confronted by imminent danger. Muggers, rapists and robbers should be treated like the mad dogs they are. I close by noting that Jessica Gonzalez wanted her own personal police force. That is not only impossible but out of the question.


21 posted on 06/27/2005 9:17:23 AM PDT by daddypatriot
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To: Paloma_55
Hours later Simon Gonzales died in a gun fight with officers outside a police station.

21 Posts an no Freeper has turned this into an illegal immigration thread? Y'all are slippin'.

22 posted on 06/27/2005 9:21:33 AM PDT by Half Vast Conspiracy (If their Chief of police is okay with it, I am guessing that we should probably be okay with it.)
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To: Blue Jays

Restraining orders only work against law abiding citizens.


23 posted on 06/27/2005 9:22:45 AM PDT by Fido969 ("The story is true" - Dan Rather)
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To: Millee

You might give Colt a try. I have always had the best of luck with Ruger but then I do have a certain bias. You should use what works best for you.

I’m enjoying the hell out of this ruling. It’s about time the world is set straight on one little fact. Superman is not going to come and save you. Even if you have a court order that says superman is supposed to save you. He is not coming and cannot be compelled to come and save you. Restraining orders never worked in the real world and it’s time for all the little girls to accept that as a fact. Everyone is ultimately responsible for themselves. No one can push that responsibility onto another. Not even with a court order.


24 posted on 06/27/2005 9:23:19 AM PDT by grayforkbeard (If it’s not controversial, how can we learn from it?)
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To: HolgerDansk

But .... haven't you heard? The Brady Bunch tells us that there is no such fundamental human right! As you mentioned, this ruling merely backs up previous cases that the police are only responsible for cleaning up the mess afterwards.

Besides being worthless as protection, restraining orders have been handed out like candy by leftist judges - on the flimsiest of excuses - so as to prevent folks from being able to arm themselves.


25 posted on 06/27/2005 9:25:27 AM PDT by Bogolyubski (Republican Battle Cry: "Run away! Run away!")
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To: strange1

Though the courts ruled police can't be sued for not doing enough, does this imply that police can do nothing ? i.e. are allowed to ignore a court order altogether ?


26 posted on 06/27/2005 9:28:49 AM PDT by stylin19a (Suicide bomber ??? "I came to the wrong jihad")
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To: boofus
"to make the shooting more defensible in a courtroom full of liberal jurors

Your's is the best clarification of the ruling. The paper trail has to remain for your own good. Sturnum Ruger will keep you safe.

27 posted on 06/27/2005 9:36:30 AM PDT by Deaf Smith
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To: Half Vast Conspiracy

Is there a reason to believe that they are illegals? Spanish last names aren't criminal. I do admit the likelihood, however.


28 posted on 06/27/2005 9:36:45 AM PDT by xmm0 (This post has been brought to you by the letters "U," "S," and "A" and Amendment number 1.)
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To: Alberta's Child

Ah, too bad its not that easy. Imagine if she did defend herself and the lives of her children. Then she'd land in the slammer. If she didn't eliminate the threat then her kids would still have found their end. Its a lose-lose situation with this system.


29 posted on 06/27/2005 9:39:00 AM PDT by xmm0 (This post has been brought to you by the letters "U," "S," and "A" and Amendment number 1.)
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To: Deaf Smith

I'd agree that is a better solution than without an order. However, I believe that a roomful of liberals would then get her on jumping to the gun instead of calling the police as she already had a restraining order and they'd be right in arresting him.


30 posted on 06/27/2005 9:42:45 AM PDT by xmm0 (This post has been brought to you by the letters "U," "S," and "A" and Amendment number 1.)
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To: stylin19a

"Though the courts ruled police can't be sued for not doing enough, does this imply that police can do nothing ?"

As my tagline indicates our nation has become a "Nation of Selective Law Enforcement". Laws are now only enforced at the convenience of those that have been hired to "protect" us.


31 posted on 06/27/2005 9:47:37 AM PDT by politicalwit (USA...A Nation of Selective Law Enforcement.)
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To: xmm0

"Better to be judged by twelve than carried by six."


32 posted on 06/27/2005 9:49:43 AM PDT by Alberta's Child (I ain't got a dime, but what I got is mine. I ain't rich, but lord I'm free.)
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To: xmm0
"and they'd be right in arresting him."

That was prior to today.

The ruling will allow the use of a restraining order as a defense from prosecution if the actor is killed.

33 posted on 06/27/2005 9:49:50 AM PDT by Deaf Smith
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To: strange1

The police in my town spend less and less time fighting crime than they do impounding cars to sell at auction.. they've turned the law into a very profitable venture for themselves.. any excuse will do, forget your license? IMPOUND. can't find your proof of insurance? IMPOUND? speeding? IMPOUND.. they rarely give out tickets anymore..they will just tow your car and leave you stranded.


34 posted on 06/27/2005 9:51:06 AM PDT by Awestruck (Here we go again!!)
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To: Deaf Smith

Useful.


Wry look.

Y'know, I signed up on FR thinking I'd post mostly on second amendment issues, but I end up agreeing with most everybody.

Maybe I need to go to DU and do some educating. :-(

Was it Heinlein who said "An armed society is a polite society?"


35 posted on 06/27/2005 10:02:29 AM PDT by From many - one.
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To: strange1

bump & tag


36 posted on 06/27/2005 10:04:06 AM PDT by chuknospam
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To: dirtboy
So, given this decision, then where is that ruling that the 2nd Amendment is actually a guarantee to the right of individuals to bear arms?

This is the most anti-Freedom court in America's history. I don't expect anything but a ruling that not even the National Guard should be permitted to own guns.

That right is reserved for the Imperial Guard..... and Homeland Security, of course.

37 posted on 06/27/2005 10:06:06 AM PDT by Lazamataz (Looks like the Supreme Court wants to play Cowboys and Homeowners.)
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To: strange1

Saw that one coming... Many precidents to follow on this one.


38 posted on 06/27/2005 10:07:21 AM PDT by Ladysmith ((NRA) Wisconsin Hunter Shootings: If you want on/off the WI Hunters ping list, please let me know.)
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To: strange1

ow hanging fruit.

It has been awhile since I read "DIAL 911 AND DIE" available at www.jpfo.org, but if I remember correctly, there are only TWO states wherein one has even a snowballs chance in hell of succeeding with a lawsuit against law enforcement.

Police do not have the "duty" to protect your person. This, despite the logo and saying that adorns many cruisers, "to protect and serv." The simple fact is, the bolded part of this article, "...The restraining orders are not worth anything...( unless police officers are willing to enforce them...this part is silly!). They are just paper," is among the more profound truths out there. Get a gun, learn how to use it, and blow the dirtbag away when next accosted.

Dial 911 indeed!

To protect and serve indeed!


Top sends


39 posted on 06/28/2005 8:06:45 AM PDT by petro45acp (SUPPORT/BE YOUR LOCAL SHEEPDOG!!!!)
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To: petro45acp

Should be "Low" hanging fruit.....

Gotta look more closely at preview.


40 posted on 06/28/2005 8:13:28 AM PDT by petro45acp (SUPPORT/BE YOUR LOCAL SHEEPDOG!!!!)
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