Jessica Gonzales: Case Study

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Town of Castle Rock, Colorado v. Jessica Gonzales, No. 04-278 (2005). Facts: Jessica Gonzales called the Castle Rock police several times advising them that her estranged husband was violating a temporary restraining order. The husband eventually violated the restraining order again and took their three children while they were playing outside and did so without any prior arrangement with Jessica Gonzales. She contacted the police and advised them that he had taken all three kids without her permission. She requested the police to act as directed by the terms of the restraining order. The police advised her to wait a couple of hours and see if he brings the children home, they further related to call back if he had not returned them by 10:00 pm. Jessica Gonzales…show more content…
The officers present returned fire and killed him. Upon further investigation the officers checked his pickup truck in the parking lot and found the bodies of all three daughters in the cab. Jessica Gonzales alleged that the town of Castle Rock violated the Due Process Clause of the 14th Amendment of the Constitution when its police officers, acting pursuant to official policy or custom, failed to respond properly to her repeated reports that her estranged husband was violating the terms of the restraining order. Main issue: Is the respondent entitled to a property interest in police enforcement of a restraining order? Did the town deprive respondent of a property interest without due process under the 14th amendment by having a policy that tolerated non-enforcement of restraining orders? Court Deciding: The United States Supreme Court. Decision: The respondent did not, for the purposes of the Due Process Clause of the 14th Amendment, have a property interest in police enforcement of the restraining order against her

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