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  1. #11
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: When Do Police Have to Act

    Appreciate the info.

    If, say, a death occured as a result of such, I am sure the lawyers would battle it out if a suit were filed.

  2. #12
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: When Do Police Have to Act

    Quote Quoting BOR
    View Post
    Appreciate the info.

    If, say, a death occured as a result of such, I am sure the lawyers would battle it out if a suit were filed.
    Anyone can sue anyone else for anything ... winning is the hard part. But, winning usually is not necessary as most suits are settled out of court. Which, of course, only encourages more of them.

    I once heard that about half the world's lawyers are located in the United States ... of those, more than a third (maybe as many as half) are in CA. Lawsuits are nothing new for us out here.


    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #13

    Default Re: When Do Police Have to Act

    Quote Quoting tim987
    View Post
    Do california police or any other police force in america have to act when something illegal happens? for example, if a person calls 911 and says a person is trying to break into her home, and the 911 operator asks a police officer to go to the house and help the women at her home and try catch the offender, can the police officer just say " Na, i can't be bothered going there" ?
    I'm asking from a legal point of view. Is there any law that says a police officer HAS to act when they receive a call?
    Well, in Oregon, "On February 27, 1979, the Oregon Supreme Court followed the trend and abrogated the public duty rule in Brennen v. City of Eugene. 186..." source:https://litigation-essentials.lexisn...2a9ab1088fbfd2 . This reinforces the need to check applicable state law.

  4. #14
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: When Do Police Have to Act

    Quote Quoting billdaugherty
    View Post
    Well, in Oregon, "On February 27, 1979, the Oregon Supreme Court followed the trend and abrogated the public duty rule in Brennen v. City of Eugene. 186..." source:https://litigation-essentials.lexisn...2a9ab1088fbfd2 . This reinforces the need to check applicable state law.
    And has been stated here, certain offenses do require some action to be taken by the police - this will hold true in every state. But, in general, there is no duty to protect ascribed to law enforcement anywhere in the United States absent some indication of a the establishment of some "special relationship." In other words, if the agency promises protection or promises to take some act and they fail to do so, they could be held accountable as a result of that special relationship.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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