Upstate Police Sued Over Treatment of Abused Women

New York Law Journal ^ | 7/24/02

[Behind Liberal Lines]

A federal judge in Albany Tuesday refused to dismiss Equal Protection and Due Process claims in a lawsuit in which an Adirondack woman who was stabbed by her husband is accusing the town police of shortchanging victims of domestic violence.

Clark v. Ticonderoga, 01-CV-1168, arose after Diane Clark's husband stabbed her with a hunting knife in front of her three children. Clark, whose husband committed suicide after the 1999 incident, had repeatedly expressed her fears to police and had an order of protection.

Her suit alleges a pattern of discriminatory treatment of abused women, in violation of the Equal Protection and Due Process clauses of the Fourteenth Amendment.

U.S. District Judge Lawrence E. Kahn declined to dismiss the Fourteenth Amendment claims, but did dismiss other allegations, including those based on the Fifth and Ninth Amendments.

[Behind Liberal Lines]

In my experience, half the problem for police and prosecutors in these cases is that the women keep taking the abusers back.

[kennyo]

...had repeatedly expressed her fears to police and had an order of protection.

Order of protection?It is my understanding that the police have no obligation to protect individuals,but a general obligation to protect society.

[Behind Liberal Lines]

It is my understanding that the police have no obligation to protect individuals,but a general obligation to protect society.

Once upon a time that was probably true. However, the feminazis (with, admittedly, help from conservatives trying to appear tough on crime and pro-victims' rights) have slowly but surely been turning the police, and our entire criminal justice system, into one big activist machine, designed to redress every private wrong.

[robins]

I have just had a similiar run in with the police. THe only thing is I did not go back. He only hurt me once, but he tried to kill me in six different ways and a witness saw him hold a knife to my throat. Scott biesect the Illinois states' Attorney would not agree for felony charges, only aggravated assault and domestic abuse. I was in an abusive situation as a child and would never allow someone to demean me without immediate retribution. However the police of arlington heights and the states attorney of Illinois stated that homicides generally get felony charges. Since when is a knife not considered a deadly weapon, since the police believe I am someone who will go back to a man who tried to kill me. I knew him for a year and a half without violence, when are you supposed to know. You don't know until you get hurt once but sometimes once is to the death. Try to get your police department and states attorney office to care. Any questions or comments send to robinstachnik@yahoo.com

[robins]

I apologize to Scott Biesect for skipping some details. I spoke to him this morning October 10, 2002 and he said that Detective Scott May did not want him to review the case and that now he will two weeks later. Scott May says the opposite. Who is lying who knows but I won't take my abuser back and the police or States attorney are endangering citizens.