Town of Castle Rock v. Gonzales
2005 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Castle Rock v. Gonzales, 545 U.S. 748 (2005), is a United States Supreme Court case in which the Court ruled, 7–2, that a town and its police department could not be sued under 42 U.S.C. § 1983 for failing to enforce a restraining order, which had led to the murders of a woman's three children by her estranged husband.[1] The decision has since become infamous and condemned by several human rights groups.[2][3][4]
This article includes a list of general references, but it lacks sufficient corresponding inline citations. (May 2024) |
Quick Facts Gonzales v. Town of Castle Rock, Argued March 21, 2005 Decided June 27, 2005 ...
Gonzales v. Town of Castle Rock | |
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Argued March 21, 2005 Decided June 27, 2005 | |
Full case name | Town of Castle Rock, Colorado, Petitioner v. Jessica Gonzales, individually and as next of kin of her deceased minor children, Rebecca Gonzales, Katheryn Gonzales, and Leslie Gonzales |
Docket no. | 04-278 |
Citations | 545 U.S. 748 (more) 125 S. Ct. 2796; 162 L. Ed. 2d 658; 18 Fla. L. Weekly Fed. S 511 |
Argument | Oral argument |
Case history | |
Prior | Gonzales v. City of Castle Rock, 307 F.3d 1258 (10th Cir. 2002), on rehearing en banc, 366 F.3d 1093 (10th Cir. 2004); cert. granted, 543 U.S. 955 (2004). |
Subsequent | On remand at Gonzales v. City of Castle Rock, 144 F. App'x 746 (10th Cir. 2005) |
Holding | |
The town of Castle Rock, Colorado and its police department could not be sued under 42 U.S.C. § 1983 for failure to enforce a restraining order against respondent's husband, as enforcement of the restraining order does not constitute a property right for 14th Amendment purposes. | |
Court membership | |
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Case opinions | |
Majority | Scalia, joined by Rehnquist, O'Connor, Kennedy, Souter, Thomas, Breyer |
Concurrence | Souter, joined by Breyer |
Dissent | Stevens, joined by Ginsburg |
Laws applied | |
U.S. Const. amend. XIV, Due Process Clause |
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