Stuff, Etc.

Tuesday, March 22, 2005

Government Accountability at its Worst

This stuff is absolutely terrible, but its at least somewhat common,
A domestic-violence nightmare provided the basis for an intense and sober Supreme Court argument on Monday, as the justices considered whether the police may be held liable for damages for failing to enforce a court-issued order of protection.

A federal appeals court has permitted a $30 million lawsuit against the town of Castle Rock, Colo., brought by a woman whose former husband kidnapped their three young daughters and murdered them while she fruitlessly sought the help of the local police. The woman, Jessica Gonzales, had obtained an order of protection limiting her ex-husband's contact with the children to specified times.

I am 99% sure that the Justices will rule in favor of the police, whose reasoning could just be that "we're too busy" and that will be the end of the matter. It is virtually impossible to sue the government for negligence or failure to provide adequate protection because it is so hard to substantiate what effect they would have had. Plus, if a precedent is set in favor of the defendant, than local governments will go completely bankrupt in a few years, as lawsuits will pop up all over the place. We cannot afford to take this risk, yet our inaction will do no good for the public either. Quite a bind we are in...

Full Article at NYTimes.

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