Comments on: “The Police Have No Obligation To Protect You. Yes, Really.”

By: DYSPEPSIA GENERATION » Blog Archive » “The Police Have No Obligation To Protect You. Yes, Really.”

Fri, 30 Dec 2011 22:52:57 +0000

[…] Read it. […]

By: David M. Nieporent

David M. Nieporent — Fri, 30 Dec 2011 02:36:29 +0000

To be clear, what DeShaney and Castle Rock say is that the police have no constitutional duty to protect you. One may be able to sue police in state court for their failure to act (depending on one's state's laws). What one can't do is sue police in federal court, claiming that they violated one's constitutional rights .

By: BobN

BobN — Fri, 30 Dec 2011 01:59:16 +0000

So much for “Serve and Protect”

By: Mannie

Mannie — Thu, 29 Dec 2011 19:12:11 +0000

David Smith 12.28.11 at 4:43 pm
they can damn well get off their little lawyer behinds, show some balls (completely non SCOTUS) and declare what the police ARE obliged to do.

Historically, the police were obliged to arrest people the Sheriff wanted arrested. That’s their job, to serve the State. Thay are The State’s muscle.

More generally, they are only obliged to do what their bosses tell them to do, just like you or I. The difference is that, as agents of The State, and members of powerful ~~Gangs~~ Unions, they have qualified immunity for doing so.

By: Mannie

Mannie — Thu, 29 Dec 2011 19:06:17 +0000

Here’s the one for Michigan. It is a universal oath for all state offices:

“All officers, legislative, executive and judicial, before entering upon the duties of their respective officers, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of ______ according to the best of my ability…”

(Constitution of the State of Michigan 1835)

By: David Smith

David Smith — Thu, 29 Dec 2011 17:53:47 +0000

Will someone familiar w the subject please post a copy of the oath of service the average law enforcement official (SCOTUS has already determined they are not an “officer” if they have not taken an oath to protect “a” constitution) takes when he starts to dip out of the public trough?

By: Smart Dude

Smart Dude — Thu, 29 Dec 2011 03:13:49 +0000

“When seconds count, the police are minutes away” say the Second Amendment supporters.

And with Castle Rock v. Gonzales, there is no obligation even for that.

By: Attorney George E. Bourguignon, Jr.

Attorney George E. Bourguignon, Jr. — Thu, 29 Dec 2011 01:36:20 +0000

Doesn’t that beg the question: if the police have no obligation to protect us, then don’t we have a “super” right to protect ourselves. And doesn’t that mean we do not have to obey the police when we believe we need to protect ourselves?

By: Attorney George E. Bourguignon, Jr.

Attorney George E. Bourguignon, Jr. — Thu, 29 Dec 2011 01:34:32 +0000

Congrats on making the ABA Journal’s fifth annual top 100 law blog list!

By: David Smith

David Smith — Wed, 28 Dec 2011 21:43:22 +0000

SCOTUS has come out w its usual weasel word piece of lawyerese.

If the court declares the police have no obligation to . . . . Then they can damn well get off their little lawyer behinds, show some balls (completely non SCOTUS) and declare what the police ARE obliged to do.

Just one problem. As any lawyer, politician, liar quickly learns, NEVER express a positive. It can come back to interfere w your plans.