Friday, July 11, 2008

People Just Refuse to Believe You Can't Sue Police

But they keep trying. Family of murder victim sues Waukegan police :: CHICAGO SUN-TIMES :: Metro & Tri-State The question of whether of not you can sue the police - even if you have a restraining order - has been answered. The answer is "NO!" Castle Rock v Gonzalez was pretty clear.

But another family of another victim is trying to sue another police department. The police can't protect you, and if they fail to protect you, then you cannot sue them. Some say it isn't their duty to protect you, though we can argue that.

If you have a restraining order against someone, then you probably need a safety plan. That plan has to include more than calling 911, expecting the system to protect you, or relying on others. The only person who is going to be there every time you are threatened is you. You need to protect yourself.

Having a plan to protect yourself will not guarantee your safety. But then relying on police and restraining orders will also provide no guarantee. There are no guarantees in this life. Taking some responsibility for your own safety - like wearing seatbelts in a car, locking your doors, or owning a defensive firearm - can increase the odds of your surviving a violent encounter.

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