Wednesday, July 1, 2009

The Public Duty Doctrine.6: State of Emergency 1

Walking through memory lane, I will share one of my documents (think Katrina, think Border security):

"October 31, 1991

"Honorable James Martin
Governor
State of North Carolina
116 W. Jones Street
Raleigh, N.C. 27603

"Governor Martin:

"As per your staff's request, the following represents my formal complaint and relief sought.

"I'm no attorney. I'm just a father whose daughter (14) was raped in Asheville, August of 1988. Since then I have learned how costly blind faith and ignorance of the law is. Hopefully my efforts here will help future crime victims.

"The public duty doctrine appears to be settled law in this State. However, if governmental agencies and their agents, operating within, or on behalf of, Buncome County, fail to disclose or reaffirm by ordinance the public duty doctrine to its citizens; and if overwhelming evidence exists that Buncombe County citizens are unaware of this general principle of governmental responsibility, and, therefore, do not exercise reasonable care, say, as crime victims in criminal investigations; and if overwhelming evidence exists that Buncombe County citizens have been and are now being told the opposite of the public duty doctrine, to their detriment, does a state of emergency exist, constituting a public safety crisis, which would authorize you, as Governor, to intervene, as set out in Article 36A, Chapters 14-288.15, 14-288.16, and Article 4, Chapter 159-48 (1) (3) of the North Carolina General Statutes? If so, I respectfully call upon you to do so.

"This, undoubtedly, will be the toughest political decision of your career. There are powerful ideological forces at play here, and innocent victims are being caught in the crossfire.

"I have attached some additional materials and references for your convenience. Please don't hesitate to call if you and/or your staff have any questions.

"Sincerely,

"David McMillan
Rt. 2, Box 434
Asheville, N.C. 28805
704-299-4512"

Postscript: The Governor's reply will be posted 7-2-09

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