03-31-2020, 11:59 AM
I agree with the suggestion to give everyone the benefit of the doubt when it comes to their intentions and comments.
Going back to the thread drift of police having no duty to protect, it is important to make clear that there are legal distinctions here. The three cases cited relate to governments being free from civil liability for not taking certain actions. Police officers and departments are still subject to civil liability for the improper actions they take, e.g. wrongfully arresting or assaulting a person. However, as a matter of public policy, the liability to the police or fire departments or many other government agencies would be so great if they were responsible for everyone they couldn't save or everything they didn't do that they would have to stop performing those functions completely.
Also, a lack of civil liability for not taking action does not mean that there is no duty at all. Duties can be enforced through taking away a person's license to practice or carry a weapon, through employment consequences including termination, and even through social pressures (like the cop who ran away from the school shooter) where a person is shamed into leaving a job.
Salud to all,
Cheers,
Pete F.
Going back to the thread drift of police having no duty to protect, it is important to make clear that there are legal distinctions here. The three cases cited relate to governments being free from civil liability for not taking certain actions. Police officers and departments are still subject to civil liability for the improper actions they take, e.g. wrongfully arresting or assaulting a person. However, as a matter of public policy, the liability to the police or fire departments or many other government agencies would be so great if they were responsible for everyone they couldn't save or everything they didn't do that they would have to stop performing those functions completely.
Also, a lack of civil liability for not taking action does not mean that there is no duty at all. Duties can be enforced through taking away a person's license to practice or carry a weapon, through employment consequences including termination, and even through social pressures (like the cop who ran away from the school shooter) where a person is shamed into leaving a job.
Salud to all,
Cheers,
Pete F.
