Castle Rock V. Gonzales

589 Words3 Pages
Name of the Case: Town of Castle Rock, Colo. v. Gonzales 2. Citation: 545 U.S. 748 3. Date Decided: June 27, 2005 4. Facts: Jessica Gonzalez was in the midst of divorce proceedings with her estranged husband in the Town of Castle Rock Colorado. During the proceedings Ms. Gonzalez requested and was awarded a temporary restraining order (TRO), which delineated the husband could only see the children during arranged times. Approximately a month later, in violation of the TRO, the husband abducts the children and fails to return them to the mother. Ms. Gonzalez contacts, via telephone and in-person, the Castle Rock Police Department making numerous requests they enforce the TRO, attempt to locate and arrest her estranged husband. Each time Ms. Gonzalez contacted the police she was told by the police to wait and see if the husband returned the…show more content…
The night of the abduction, the husband shows up at the police department and begins shooting at the police who returned fire and killed him. Inside the husbands truck the deceased bodies of the children were found. Ms. Gonzalez filed suit against the Town of Castle Rock and several police officer claiming they failed to protect her constitutionally guaranteed due process rights by failing to enforce the temporary restraining order. The case was dismissed by the district court and Gonzales appealed. The Court of Appeals found Gonzales had a procedural due process claim. 5. Main issue: Do holders of a temporary restraining order have a constitutionally protected property interest in the enforcement of that restraining order? 6. Court Deciding: The U.S. Supreme Court 7. Decision: Reversed: The U.S. Supreme Court reversed the Tenth Circuit Court of Appeals 8. Principle of Law - “To have a property interest in a benefit, a person … must … have a legitimate claim of entitlement to it.” Citizens, for purposes of the Fourteenth Amendment Due Process Clause, do not have a property interest in police enforcement of
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