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View Diary: A Smarter Approach to Gun Control (246 comments)

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  •  Sigh (0+ / 0-)

    Just. No.

    It states they don't have a duty to protect an individual citizen from a third party. And even then there are certain instances when they do in fact have a duty to protect an individual citizen from a third party, it's not a complete Get Out of Jail Free card. Moreover Scalia reminds us:

    Although the framers of the Fourteenth Amendment did not create a system by which police departments are generally held financially accountable for crimes that better policing might have prevented, the people of Colorado are free to craft such a system under state law.
    Therefore if the Colorado legislature decides the police damn well do have a duty to protect, then they do. Nowhere does Castle Rock establish that cops do NOT have a duty to protect. It merely states that one can't sue the State on the basis of loss of due process rights.
    •  Now who's quibbling? (2+ / 0-)
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      KVoimakas, noway2

      You're shifting goalposts now: first you took KVoimakas to task because he claimed police don't have a duty to protect and in so doing, you say that this just means you can't sue police for not doing their jobs. You add "most would agree it is the responsibility of the cop to intercede" if a crime were witnessed, heavily implying that the cops do have a duty.

      And now you present a quote that seems to support you, but really does the opposite. In saying that Colorado can create a duty to protect, he very clearly is saying that the duty does not yet exist. So you change your argument in your very last sentence. Suddenly the discussion isn't whether police have a duty to protect, it's whether the State can create an enforceable duty to protect. And that's not what you were attacking KVoimakas for. You just made up that point right now.

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