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by ELB
Fri Sep 25, 2015 4:13 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: TX: Duty to respond and/or protect
Replies: 11
Views: 1938

Re: TX: Duty to respond and/or protect

Abraham wrote:ELB,

Are there many instances that you know of when LE is called for help, they've refused, ...
Town of Castle Rock vs. Gonzales
by ELB
Fri Sep 25, 2015 1:49 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: TX: Duty to respond and/or protect
Replies: 11
Views: 1938

Re: TX: Duty to respond and/or protect

I am curious if this (no duty to protect) has ever been challenged in court at the State level. Anyone know of a case?
by ELB
Thu Sep 24, 2015 6:50 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: TX: Duty to respond and/or protect
Replies: 11
Views: 1938

TX: Duty to respond and/or protect

To my knowledge there are at least nine (probably more), SCOTUS rulings that there is no constitutional or federal statutory duty for police to respond and protect any particular individual, or persons (absent a few very narrow exceptions), just a general duty to protect the community/keep the peace.

Has there been a case in the courts of Texas on this, specific to Texas? I don't think there is anything in any of the SCOTUS rulings that say that a state can't establish its own higher level of duty for peace officers, to require the police to respond to some (e.g. restraining order enforcement) or all calls, although the Legilature would be insane to establish such a standard.

Are there any state-level cases similar to Castle Rock vs Gonzales or any of the other federal level "no duty" cases? I have no idea how to look this up on my own. Does something in the Statutes establish a standard, e.g. "do your best with what you got and no more" sort of thing?

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