Wednesday, June 24, 2009

The Public Duty Doctrine.1

I am no attorney. So, to start with, I want you to refer to a website: May, 2007 issue of The Police Chief: The Professional Voice of Law Enforcement , an article entitled, "Duty to All -- Duty to No One: Examining the Public Duty Doctrine and its Exceptions," by Karen J. Kruger, Senior Assistant County Attorney and Counsel to the Sheriff, Harford County, Maryland. (Go to "policechiefmagazine.org," then "Archive Past Issues," then "May 2007," then "Chief Counsel"....... or .........

http://policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=1172&issue_id=52007

Now, remember, this doctrine applies nationwide -- local, state, and federal. Each state interprets it differently, but the end results are usually the same. And notice in the citations the DeShaney case [#6 - 489 US 189 1989] and pull that up. A Georgia lawyer told me recently to look at Castle Rock v. Gonzalez 545 US 748 (2005).

You need to understand that this little-known law of the land can bite you on the butt if you're not careful. And the above article is a good place to start. If you have any comments, do not hesitate to respond.

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