1. Name of the case: Town of Castle Rock v. Gonzales
2. Citation: 545 US 748
3. Date Decided: 2005
4. Facts: Jessica Lenahan Gonzales, resident of Castle Rock, Colorado, was able to obtain a permanent restraining order order against he former husband Simon, on June 4,1999. The permanent restraining order required that Simon remained at least 100 yards from her and her four children, except during designated visitation times. On June 22, Simon abducted his three biological children. Gonzales made repeated calls at 7:30 pm, 8:30 pm, 10:10 pm, and 12:15 am to authorities urging them to search for her children and arrest their father for violation of the restraining order. On June 23rd at approximately 12:40 am, she appeared at the police station. Where she was told to go home and wait for Simon to return the children. At approximately 3:20 am on June 23, Simon also appeared at the police station where he was killed in a shoot out with officers. The three children were discovered deceased in the back seat of Simon's car. Gonzales filed suit alleging that the municipality and police officers violated the Fourteenth Amendment's Due Process Clause when its police officers, acting pursuant to official policy or custom failed to respond properly to complaints of restraining order violations reports that her recently divorced husband had kidnapped their three children.
5. …show more content…
Main Issue: Does the holder of a restraining order bring a procedural due process rights claim against a local government for its failure to actively enforce the restraining order state law due to police failure to provide procedure before declining to search for and arrest the violator of the terms of the restraining order and protect the holder from
2. Citation: 545 US 748
3. Date Decided: 2005
4. Facts: Jessica Lenahan Gonzales, resident of Castle Rock, Colorado, was able to obtain a permanent restraining order order against he former husband Simon, on June 4,1999. The permanent restraining order required that Simon remained at least 100 yards from her and her four children, except during designated visitation times. On June 22, Simon abducted his three biological children. Gonzales made repeated calls at 7:30 pm, 8:30 pm, 10:10 pm, and 12:15 am to authorities urging them to search for her children and arrest their father for violation of the restraining order. On June 23rd at approximately 12:40 am, she appeared at the police station. Where she was told to go home and wait for Simon to return the children. At approximately 3:20 am on June 23, Simon also appeared at the police station where he was killed in a shoot out with officers. The three children were discovered deceased in the back seat of Simon's car. Gonzales filed suit alleging that the municipality and police officers violated the Fourteenth Amendment's Due Process Clause when its police officers, acting pursuant to official policy or custom failed to respond properly to complaints of restraining order violations reports that her recently divorced husband had kidnapped their three children.
5. …show more content…
Main Issue: Does the holder of a restraining order bring a procedural due process rights claim against a local government for its failure to actively enforce the restraining order state law due to police failure to provide procedure before declining to search for and arrest the violator of the terms of the restraining order and protect the holder from