Another App Court Tosses a Claim that Cops Failed to Protect People During a Mass Shooting. Cops have No Legal Duty to Protect Anyone from Violence by Private Parties per the Public Duty Doctrine
According to the Supreme Court police have no legal duty to protect any victim from violence by other private parties unless the victim was in police custody. [MORE] and [MORE] This means that police cannot be sued for any federal constitutional claim for a failure to protect citizens. Unless a state negligence law exists allowing such a lawsuit, victims cannot hold police liable for a failure to protect from harm from private parties. [MORE]
From [HERE] The Ninth Circuit upheld the dismissal of mass shooting survivors’ lawsuit against police officers who allegedly withheld law enforcement services from the scene, where five people were killed and 18 were injured. The survivors failed to state a claim for violation of their due process, equal protection and municipal liability claims.
Opinion is [HERE]