Page 129 - Critical Tasks in Law Enforcement 2020-2021 Sessioin

Task: Duty to Enforce Domestic Protection Order

Town of Castle Rock v. Gonzalez, 545 U.S. 748 (2005).

• Law Enforcement Officers have no duty under the procedural due

process clause of the constitution to enforce protection orders in

order to protect citizens from harm.

• Law Enforcement generally has no constitutional duty to protect

citizens from third party harm.

• A duty may be found when law enforcement officers have in some

way created or enhance the danger to an individual.

• A duty will be found in cases where the person to be protected is in

the custody of government against their will and are powerless to

protect themselves.

©2021 Jack Ryan Legal & Liability Risk Management Institute 128