I have read about similar past incidents where the courts ruled that PDs are NOT responsible for their actions in situations like this because of probable cause. We'll see if this one ends up differently.
Perhaps the legal beagles will chime in.
A very sad situation.
On the flip side I believe that they are legally off the hook if they refuse to respond to your call as they have no legal obligation to protect you. However department policy may be that they will respond. But department policy is just that; it's policy and not the law.
Give me a home where the buffalo roam and I'll show you a house full of buffalo shit.
Posts: 1813 | Location: IOWA | Registered: 27 October 2018
IMO, this goes down as an unfortunate scenario as far as anything criminal. But I can see a massive lawsuit because the police are culpable by not being diligent in showing up at the right place at the least. Incompetence no matter how you look at it.
Posts: 16367 | Location: Iowa | Registered: 10 April 2007
Originally posted by lavaca: This will wind up in Santa Fe which means any verdict will be ridiculous.
I know that my first thought when I see a story about the police murdering an innocent person is how much the lawsuit is going to cost them and what a shame that will be.
-Every damn thing is your own fault if you are any good.
The homeowner was stupid to step out the door with a gun in his hand. The right move is to set up inside the door in a position to shoot the first son of a bitch who comes in. The next move is to call 911 and report an imminent home invasion by armed individuals. These cops were plainly idiots as well. If you are called to a domestic disturbance, would you not expect there to be some sign of life when you arrived? Of course, given typical response times, maybe not. Regards, Bill