That’s not at all what it says. It says a restraining order isn’t grounds for personal protection. Additionally it says even if it did grant personal protection there would be no monetary compensation for failure to protect. Nothing about that has anything to do with whether a law enforcement officer has an obligation to act when they see a crime being committed.
> were a mandate for enforcement to exist, it would not create an individual right to enforcement that could be considered a protected entitlement under the precedent of Board of Regents of State Colleges v. Roth; and even if there were a protected individual entitlement to enforcement of a restraining order, such entitlement would have no monetary value and hence would not count as property for the Due Process Clause.
Case in point, the officer assigned to stoneman Douglas was arrested for inaction:
Case law stating that police have ZERO DUTY or LEGAL OBLIGATION to protect goes back to the 1850s. This case is merely the latest is in literally DOZENS of examples of case law saying this.
The Constitution and US case law very literally and repeated has said: "Your own protection is 100% ONLY on you"
And honestly this is why the 2nd amendment still is relevant and universal to all individuals.
Eh, in the US if a doctor does like none of her peers and fails to cure you, yes, doctors do get sued.
The point of the video was police as a fraternity don't have any obligation to protect you, personally, absent special circumstances. Which, when you get down to it is sort of like doctors-- if I have a heart attack across the street from a hospital, you know, I'd appreciate them trying to save me but unless there is some special circumstance I'm not confident they're required to.
> if I have a heart attack across the street from a hospital, you know, I'd appreciate them trying to save me but unless there is some special circumstance I'm not confident they're required to.
In some countries, especially in central Europe, failing to give aid where reasonable can even be a crime. In the US it depends on jurisdiction.
> US if a doctor does like none of her peers and fails to cure you, yes, doctors do get sued.
Can you clarify this? Are you saying if a Dr fails to cure you, they are opening themselves up to liability, or they only open themselves up to liability if they go outside of standard protocols and fail to cure you, they are now liable?
I was under the impression that neither of these scenarios open you up to liability- that medical malpractice is an entirely different things. However, I don't know.
Additionally- this seems to create really bad incentives, where the liability-free protocols take precedence over a doctor's judgement.
If you can demonstrate that a doctor did not follow "standard operating procedure" and thereby caused harm by not correcting an issue or making it worse, that's a pretty solid malpractice case. Which is why things like experimental intervention involve contracts and disclaimers that you have been informed of the experimental nature, not guaranteed to help, blah blah blah.
It their role to protect capital (i.e. private property), not people. Protecting people is an occasional consequence of that, but when the two are at odds, they almost always side against people.
The police will not help you much when your capital (i.e. private property) gets stolen, and will often defend thieves against victims trying to reclaim rightful property.
The police are there to protect the government against threats to stability and the monopoly on the use of power. Police are always quick to defend 'their own' (other police) and government agencies/agents.
> The police will not help you much when your capital (i.e. private property)
Most people don't hold much private property apart from maybe their house. Pretty much everything else from vehicles to toothbrushes fall under the category of personal property.
Private property generates capital for the owner without the owner performing labour, personal property does not. Police will protect the former, not the ladder.
I was responding to a parent comment which said "capital (i.e. private property)", not coming up with my own definition or wording, so if you have an issue with the semantics, please take it up with them.
That said, the police usually aren't especially interested in protecting business assets and property from being damaged or stolen either. Ask any business manager or owner who has had property damaged or stolen, and they will tell you that the police (in most areas) don't particularly care.
Grey zone. You can't sue them because they haven't tried all the experimental treatments known. You probably can't even sue them if it is a misdiagnosis, unless it was egregious.
The police equivalent is that you don't expect them to be able to intercept every bullet fired everywhere. Particular if it is a the risk of their own lives.
> were a mandate for enforcement to exist, it would not create an individual right to enforcement that could be considered a protected entitlement under the precedent of Board of Regents of State Colleges v. Roth; and even if there were a protected individual entitlement to enforcement of a restraining order, such entitlement would have no monetary value and hence would not count as property for the Due Process Clause.
Case in point, the officer assigned to stoneman Douglas was arrested for inaction:
https://www.washingtonpost.com/nation/2019/06/09/scot-peters...