Name of Case
Town of Castle Rock v. Gonzales
Citation and Date
Town of Castle Rock, Colorado, Petitioner v. Gonzales, individually (2005)
NO. 04-278
Supreme Court of the United States
Fact and Main Issue of Case
Justice Scalia provided the opinion related to this case. The court was tasked with deciding if an individual that had a state issued restraining order is granted a property right protected by the constitution which requires police officers to enforce an order if there is probable cause to believe the order was violated. Castle Rock, Colorado is being sued for violating the due process clause of the 14th
Amendment. The allegation is that Officers followed a flawed policy while addressing and enforcing an active restraining order. A …show more content…
The facts of the case showed that the husband arrived to the complainant’s residence and took possession of their 3 children. The complainant was involved with police officers and requesting the order be enforced, and the 3 children returned to her custody. The husband showed up to the police station armed and confronted police officers. Police Officers shot and killed the husband and then discovered the murdered bodies of the 3 children inside his vehicle.
Chris Thompson CJ 6396
Decision and Principle of Law
What the court is determining is the failing of Police Officers to properly enforce a court ordered restraining order as a result of normal departmental practices is a protected property interest under due process of the 14th Amendment.
The ruling in this case made by the United States Supreme Court stated that the complainant did not have a property interest with the police officers enforcing the restraining order related to due process.
The United States Supreme Court ruled that the City of Castle Rock could not be sued as a result of failing to enforce a restraining order even with the fact that 3 children were murdered by the father.