The Duty To Protect
I’ll let the news article tell the story. Here’s the first paragraph:
A 15-year-old Marjory Stoneman Douglas shooting survivor and his family have put Broward County authorities on notice that they will sue to seek money damages to help cover the cost of his recovery.
While the question of whether police are obligated to enforce a restraining order were resolved in Town of Castle Rock v. Gonzales and the question of whether police owe a specific duty to provide police services to citizens based on the public duty doctrine were answered in Warren v. District of Columbia (trigger warning on both of those… awful, awful cases), the question of the obligations of police at the scene of a crime taking place have not, to by knowledge, been addressed by the courts.
Both of those cases found that the police did not have positive obligations to provide police services to citizens based on public duty doctrine nor that they were obligated enforce a restraining order.
It seems to me that this is a case likely to make it all the way to the top. I am interested in hearing arguments for why this case will be decided differently than those other two cases.