- Government and Law

Government Protection: Is It an Illusion? #2

Jessica Gonzales requested a restraining order against her estranged husband. A state court issued an order prohibiting her husband, Simon Gonzales, from seeing Jessica or their three daughters (Rebecca, 10, Katheryn, 8, and Leslie 7.) On June 22nd, 1999 Simon Gonzales abducted the three children. Jessica Gonzales requested that the police enforce the restraining order three separate times on the evening of her children’s death. On the evening of the 22nd and into the morning of June 23rd, Simon Gonzales murdered all three children and then opened fire inside a police station, where police returned fire and killed him.

Jessica Gonzales filed suit in a District Court, alleging that the Castle Rock police had violated her rights under the Due Process Clause of the Constitution. Her suit claimed the Castle Rock Police willfully or negligently refused to enforce her restraining order. The District Court dismissed the suit, ruling that no substantive or procedural due process allowed Gonzales to sue a local government for its failure to enforce a restraining order. Jessica appealed to the Tenth Circuit Court. The Tenth Circuit Court found that Jessica Gonzales did have a legitimate procedural due process claim.

No. In a 7-2 decision, the Supreme Court ruled that Gonzales had no constitutionally-protected property interest, and that she was not entitled to the enforcement of the restraining order.

Facts:

    1. Simon Gonzales violated the restraining order by taking possession of the children.
    2. Jessica pleaded with the Castle Rock police department for enforcement of the restraining order.
    3. Simon Gonzales murdered their three daughters.
    4. Jessica Gonzales filed a lawsuit alleging here constitutional right to due process was violated.
    5. The court found that Jessica Gonzales was not entitled to the enforcement of the restraining order.
    6. The courts ruled against Jessica Gonzales and in favor of the Castle Rock police department.
    7. No one was held accountable for the murder of Jessica’s three daughters.

Below is a link to a copy of the Supreme Court case. Here is the evidence. You can draw your own conclusions.

Town of Castle Rock v. Gonzales

Other Similar Cases:

Lozito vs the City of New York

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