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Justices Rule Police Do Not Have a Constitutional Duty to Protect Someone (2005 SC case)
NY Times ^

Posted on 01/09/2013 3:01:18 PM PST by Red in Blue PA

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To: Red in Blue PA

This ruling is morally and legally wrong.


21 posted on 01/09/2013 3:25:02 PM PST by TBP (Obama lies, Granny dies.)
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To: TBP
This ruling is morally and legally wrong.

You are confusing law and justice.

Presently in the US we have law and Just Us.

22 posted on 01/09/2013 3:28:32 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: TBP
Re: This ruling is morally and legally wrong.

This is also one of the strongest cases for the 2A. Peoples eyes literally widen when they see this headline. Nobody knows that this is the current Law of the Land.
23 posted on 01/09/2013 3:30:51 PM PST by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Red in Blue PA

I agree with this decision. As citizens, we do not and should not have a “constitutional right” to government services.


24 posted on 01/09/2013 3:32:00 PM PST by Parmenio
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To: Red in Blue PA

I haven’t read it yet, but this seem like a reaffirmance of DeShaney v. Winnebago County (1989), otherwise known as the “poor Joshua” case. Joshua was a child beaten to the point of brain damage by his father, even though the city’s child protective agency had sufficient notice to prevent it. The Supreme Court held that the city was under no affirmative obligation, under the Due Process Clause, to protect the child against an evil committed by a private actor.

http://en.wikipedia.org/wiki/DeShaney_v._Winnebago_County

The Supreme Court was right then and it’s right now.


25 posted on 01/09/2013 3:33:03 PM PST by BCrago66
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To: Parmenio

I agree, but most people do not know this case exists! Show them and they are shaken.

I have a right to self-defense, and this right comes from God, not from government.


26 posted on 01/09/2013 3:35:38 PM PST by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Red in Blue PA

Which is why we need Right to Self Defense laws.

Of course, In my area we are trying to lynch George Zimmerman for capping Trayvon Martin when Martin assaulted him.

Gun Control is just population control. Everyone has a right to self defense


27 posted on 01/09/2013 3:35:45 PM PST by SeminoleCounty (Fiscal Conservatives are Neither)
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To: Red in Blue PA

I am reading the comments here and asking myself if this is really the comments from a conservative forum.

A federal “constitutional” duty for citizens or office holders to perform in a certain manner for any issue to a certain standard of care sounds like a pandora’s box to me.

A state ruling in a suit of mandamus is what the rememdy is for willful non performance of a state duty. The ability of someone to always go to Federal Court and claim broad aspects of equal protection compel perfect protection and having the Feds be the final remedy in all cases is stupid IMHO.


28 posted on 01/09/2013 3:36:08 PM PST by KC Burke (Plain Conservative opinions and common sense correction for thirteen years. RSC)
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To: SoCal SoCon

The primary duty of the Police is to enforce the law.
Protection of individual life was rule to be secondary to this objective. The two objectives often come into conflict.


29 posted on 01/09/2013 3:38:28 PM PST by Mad Dog009 (Don't go searching for a Mermaid if you don't know how to swim)
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To: elkfersupper

Select vegetation enslavement program.


30 posted on 01/09/2013 3:39:02 PM PST by rawcatslyentist ("Behold, I am against you, O arrogant one," Jeremiah 50:31)
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To: Red in Blue PA

You hit the nail on the head. Rights come from God, not the government.


31 posted on 01/09/2013 3:40:25 PM PST by Parmenio
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To: Navy Patriot
police have no duty to protect anyone

Okay, that means we all must protect ourselves and we need our guns to do that in a lawless society the Satan now leads.

32 posted on 01/09/2013 3:43:33 PM PST by Rapscallion (Obama is America's first tyrant....president in name only - PINO)
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To: Red in Blue PA

Duh! Read the constitution lately? People have a natural right to self defense!


33 posted on 01/09/2013 3:48:46 PM PST by allmendream (Tea Party did not send GOP to D.C. to negotiate the terms of our surrender to socialism)
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To: SoCal SoCon

Gives governments an excuse to spend money.


34 posted on 01/09/2013 3:50:34 PM PST by RWB Patriot ("My ability is a value that must be purchased and I don't recognize anyone's need as a claim on me.")
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To: SoCal SoCon
For the last several years I have been calling the police “Uniformed Crime Scene Investigators”. They are, as we recently saw in Connecticut, very good at establishing what happened long after it happened.

When everything hits the fan, and it may be closer than any of us think, remember the police are minutes away after you dial 9-1-1 and the criminal that is threatening you and yours is less than a second away. Any questions?

35 posted on 01/09/2013 3:52:02 PM PST by Nip (BOHEICA and TANSTAAFL - both seem very appropriate today.)
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To: Red in Blue PA

Interesting that this is a reverification of an old decision that Police do not have a constitutional duty to protect as I grew up seeing the police cars stenciled “to protect, and to serve”.

I recently read an acknowlegement as an andecdote in another column here at FR that many police departments had removed that phrase from their patrol cars, and wondered why.


36 posted on 01/09/2013 3:55:03 PM PST by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: Rapscallion
Okay, that means we all must protect ourselves and we need our guns to do that in a lawless society that Satan now leads.

OK, I'll agree with that.

I'll expand, as well.

Your right to keep and bear arms comes from God, and is enumerated in the Constitution's Second Amendment. No one but the Good Lord Himself, can rescind that right.

That makes clear which side Satan is on.

37 posted on 01/09/2013 3:57:04 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: rockinqsranch
... many police departments had removed that phrase from their patrol cars, and wondered why.

The cops got sued into submission, they did not voluntarily admit the legal untruthfulness of the slogan.

38 posted on 01/09/2013 4:02:05 PM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Red in Blue PA

This is tough for some people to swallow, but police, fire, and ambulance folks have no duty to act. That’s why everyone should have the ability, at thier option, to keep and bear arms, have a fire extinguisher, and have a first-aid kit. If we become so dependent for everything, we’ll wind up with nothing. Some want to confiscate all guns, which is similar to banning fire extinguishers and first aid kits, and depending on the state for all of these things.


39 posted on 01/09/2013 4:03:18 PM PST by SERKIT ("Blazing Saddles" explains it all.......)
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To: Argus

true


40 posted on 01/09/2013 4:15:49 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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