Police Cannot Be Sued Under the Federal Constitution for Failing to Enforce a Restraining Order
Town of Castle Rock, Colo. v. Gonzales, 125 S. Ct. 2796 (2005)
The U.S. Supreme Court, in a 7-2 opinion, ruled that the failure of the police to adequately enforce a restraining order does not constitute a constitutional violation and therefore individuals can not pursue a federal claim for harm resulting from this failure. In this Colorado case, a woman involved in divorce proceedings had obtained a restraining order that commanded her husband to not molest or disturb her or theirchildren and to remain at least 100 yards from the family home. The order directed police officers to "use every reasonable means to enforce this restraining order." ...