I was asked if there was just ONE thing I could teach American citizens about their rights, what it would be? That was very hard for me because since studying law, I have found MANY cases that both broke my heart and made me wonder, “Why isn’t this general education?
So, I sat down and said I will give you what I believe everyone should know, especially our children. Here is my response:
1. DeShaney v. Winnebago County (1989)
ℹ️ What happened: A young boy (Joshua DeShaney) was severely abused by his father despite local social services being notified repeatedly. The Supreme Court ruled that the Due Process Clause of the 14th Amendment does not obligate the state to protect individuals from private violence.
‼️ The takeaway: The Constitution acts as a constraint on government power, not as a guarantee that government agencies must protect you from private citizens, unless you are in state custody (like prison) or in a special relationship created by the state.
2. Castle Rock v. Gonzales (2005)
ℹ️ What happened: A woman had a restraining order against her ex-husband, who abducted her children. Despite repeated pleas to police to enforce the order, they failed to respond, and the children were killed. The Court ruled that she did not have a constitutionally protected property interest in the enforcement of the restraining order under the Due Process Clause.
‼️ The takeaway: Having a civil restraining order or a mandatory arrest law on the books does not automatically give a crime victim an individual right to compel police action.
3. Warren v. District of Columbia (1981)
ℹ️ What happened: Two women were inside a rooming house when an intruder broke in and began raping another woman on the floor below. The two women called 911 twice, and dispatchers assured them help was on the way. Police arrived, knocked on the door once, and left when no one answered. Believing police were inside, the women yelled down to their roommate, revealing their location. The intruders held all three women captive, abusing, beating, and raping them over fourteen hours.
‼️ The Court’s Ruling: The D.C. Court of Appeals ruled that the police owed no legal duty to individual citizens, only a general “duty to the public”. The court stated that even when officers tell a victim “help is on the way,” it does not create a legally binding duty to actually protect or save them.
4. Riss v. City of New York (1968)
ℹ️ What happened: Linda Riss was repeatedly stalked and threatened by an ex-boyfriend who told her, “If I can’t have you, no one else will, and when I get through with you, no one else will want you.” She went to the police multiple times begging for protection. When she called police after he made an explicit threat to kill her, the officers refused to help her. The next day, the stalker hired someone to throw lye (acid) in her face, permanently blinding her.
‼️The Court’s Ruling: The court held that a municipality cannot be held liable for failing to provide police protection to a specific individual who is under direct, known threat. The judge explicitly noted the tragic irony that citizens are forbidden by law from taking certain matters into their own hands, yet the police owe them no enforceable legal duty to protect them.
These cases established what legal scholars call the Public Duty Doctrine
‼️No Constitutional Duty: The U.S. Constitution acts as a boundary on what the government can do to you, not a legal guarantee of what the government must do for you.
‼️Absolute Police Discretion: Courts treat police decisions on whether to dispatch, investigate, arrest, or enforce protective orders as discretionary choices that cannot be sued over under federal law.
‼️No Right to Protection: Unless a person is in direct state custody (such as in prison), the government has no legally enforceable duty to save someone from a private perpetrator—no matter how many times they called, how many records existed, or how severe the harm was.
Simple version:
If someone threatens or harms you or your loved one, you can beg for help and hand over evidence, but the government has no constitutional duty to protect you, investigate, or enforce the law. Under the law, police protection is a discretionary choice, not an individual right. That’s the precedent.
Action steps:
– Research these cases to understand your rights. #knowledgeispower
– Call your local attorney for guidance specific to your situation. Be mindful, they work with the system you’re complaining about.
– Avoid debating the legal system with survivors, like myself, unless you’ve invested serious time studying it, navigating it and winning. I have for over a decade!