Government and its agents (police and district attorneys) have no legal duty to protect; they cannot be held liable for failing to protect. The Problem? They have no legal duty to disclose this. Even worse, there is no evidence that the general population knows of it. See Warren vs. District of Columbia; DeShaney vs. Winnebago County Department of Social Services; Stone vs. N.C. Department of Labor; Castle Rock vs. Gonzales, just to name a few.
Wednesday, May 26, 2010
Friday, May 21, 2010
PDD.108: New York
Consider the case of Riss vs. New York City http://www.audiocasefiles.com/acf_cases/10107-riss-v-new-york
and.....http://www.nytimes.com/2004/03/21/nyregion/citypeople-a-sort-of-love-story.html
and.....http://www.nytimes.com/2004/03/21/nyregion/citypeople-a-sort-of-love-story.html
PDD.107: Colorado
Consider the case of Castle Rock vs. Gonzales http://en.wikipedia.org/wiki/Castle_Rock_v._Gonzales
PDD.106: District of Columbia
Consider the case of Warren vs. District of Columbia http://en.wikipedia.org/wiki/Warren_v._District_of_Columbia
http://www.youtube.com/watch?v=lb3rAglRsqU
http://www.youtube.com/watch?v=lb3rAglRsqU
PDD.105: Wisconsin
Consider the case of DeShaney vs. Winnebago County http://en.wikipedia.org/wiki/DeShaney_v._Winnebago_County
Wednesday, May 19, 2010
PDD.104: Maryland
Consider the case of Yvonne Boughter et al. vs. Town of Ocean City Maryland Department of Emergency Services Fire/EMS et al.
http://www.onpointnews.com/docs/paramedics_MD.pdf
Family staying in motel. During the night, family extremely sick. The call to 9-1-1. No response. Husband and child dies.
http://www.onpointnews.com/docs/paramedics_MD.pdf
Family staying in motel. During the night, family extremely sick. The call to 9-1-1. No response. Husband and child dies.
Thursday, May 13, 2010
PDD.103: Kansas
Consider the case of Lovitt vs. Board of Shawnee County Commissioners, wherein "Dispatcher Protected By Public Duty Doctrine," http://www.kscoplaw.com/other/lb10-01.htm
I bet that young child learned a bitter lesson by calling 9-1-1. The reflex to call 9-1-1 will be tempered with a Plan B from here on.
Also consider the following: http://www.kansascity.com/2010/05/15/1948671/social-worker-had-no-duty-to-protect.html
I bet that young child learned a bitter lesson by calling 9-1-1. The reflex to call 9-1-1 will be tempered with a Plan B from here on.
Also consider the following: http://www.kansascity.com/2010/05/15/1948671/social-worker-had-no-duty-to-protect.html
Wednesday, May 12, 2010
PDD.102: Louisianna
Consider the case of Winstead v. Ed's Live Catfish & Seafood, Inc. 554 So. 2d 1237 (La. App. 1 Cir. 1989), which is linked here: http://biotech.law.lsu.edu/cases/food/winstead.htm.
It is a "failure to disclose case," involving the eating of raw oysters. That's right -- oysters.
This case goes to the very heart of what I have been writing about for almost a year now.
Scroll down to item [75], and read that one paragraph. For your convenience, I will write most of it here:
[75]"... The fact that the DHHR [Louisianna Department of Health and Human Resources] chose not to aggressively disseminate the information contained in the Monthly Morbidity Report to the general public does not constitute a breach of duty to warn. Since this bacteria only attacks a small percentage of the population...the DHHR was reasonable in its conclusion that the best way to warn these people was through the medical community. The Monthly Morbidity Report was sent to every physician in Louisianna, the Center of Disease Control in Atlanta, Georgia, and the health departments of several states, including Mississippi. We hold that this satisfied the duty to warn incumbent on the DHHR due to its specialized knowledge and position of public trust."
By highlighting this case, my point is that, based on this rationale rape victims, for example, which represent a "small percentage of the population," don't need to be warned of The Public Duty Doctrine, which is that government and its agents (law enforcement and district attorneys) have no legal duty to protect; they cannot be held legally liable for failing to protect because there was no legal duty to protect in the first place.
Here, the state claims that they have "no legal duty to warn" because victims represent small numbers. If there was a warning, it was in fine print, a needle in a haystack.
It is a "failure to disclose case," involving the eating of raw oysters. That's right -- oysters.
This case goes to the very heart of what I have been writing about for almost a year now.
Scroll down to item [75], and read that one paragraph. For your convenience, I will write most of it here:
[75]"... The fact that the DHHR [Louisianna Department of Health and Human Resources] chose not to aggressively disseminate the information contained in the Monthly Morbidity Report to the general public does not constitute a breach of duty to warn. Since this bacteria only attacks a small percentage of the population...the DHHR was reasonable in its conclusion that the best way to warn these people was through the medical community. The Monthly Morbidity Report was sent to every physician in Louisianna, the Center of Disease Control in Atlanta, Georgia, and the health departments of several states, including Mississippi. We hold that this satisfied the duty to warn incumbent on the DHHR due to its specialized knowledge and position of public trust."
By highlighting this case, my point is that, based on this rationale rape victims, for example, which represent a "small percentage of the population," don't need to be warned of The Public Duty Doctrine, which is that government and its agents (law enforcement and district attorneys) have no legal duty to protect; they cannot be held legally liable for failing to protect because there was no legal duty to protect in the first place.
Here, the state claims that they have "no legal duty to warn" because victims represent small numbers. If there was a warning, it was in fine print, a needle in a haystack.
Monday, May 10, 2010
PDD.101: Montana
This one makes you want to spit, cuss, and............ well, you read it: http://www.hollandharthealthcare.com/healthcare/2008/11/montana-medical-examiners-exculpated.html
PDD.100: Victim Advocates?
The following is an example of a victim-rights' website: http://aaa-selfdefense.com/the-victims-constitutional-right-to-reasonable-protection-from-revictimization-by-the-accused#respond
In the above, is there any reference to the victim hiring an attorney to protect his/her rights, due to the fact that the district attorney and investigating detective represent the state and not the victim?
Check out "Home" on the above site.
Type in "Public Duty Doctrine" on "Search this website."
The Public Duty Doctrine should be the foundation or cornerstone for advocating self-defense. However, there is only one paltry, vague, ambiguous reference to the doctrine in this website.
You should want to know why, on what grounds, self-defense should be in the forefront of everyone's mind.
In the above, is there any reference to the victim hiring an attorney to protect his/her rights, due to the fact that the district attorney and investigating detective represent the state and not the victim?
Check out "Home" on the above site.
Type in "Public Duty Doctrine" on "Search this website."
The Public Duty Doctrine should be the foundation or cornerstone for advocating self-defense. However, there is only one paltry, vague, ambiguous reference to the doctrine in this website.
You should want to know why, on what grounds, self-defense should be in the forefront of everyone's mind.
Friday, May 7, 2010
PDD.99: North Carolina
http://nclawreview.net/wp-content/uploads/2010/02/Punger.wptd_.pdf
"... the greater good...," Mr. Punger, would be to disclose this law to the public in a public way beforehand.
The public learns of the Public Duty Doctrine only after they have been harmed, and then the State whips out this doctrine to defend itself. Looks like an ambush to me.
Mr. Punger, give me the name of one high school in this state that discloses this doctrine to its students, either specifically or generally. One. Just one.
"... the greater good...," Mr. Punger, would be to disclose this law to the public in a public way beforehand.
The public learns of the Public Duty Doctrine only after they have been harmed, and then the State whips out this doctrine to defend itself. Looks like an ambush to me.
Mr. Punger, give me the name of one high school in this state that discloses this doctrine to its students, either specifically or generally. One. Just one.
Thursday, May 6, 2010
The Public Duty Doctrine.98: Iowa
I referred recently to The Public Duty Doctrine in Ohio and Washington State. Now, it's Iowa's turn.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ia&vol=app%5C20060301%5C05-1103&invol=1
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ia&vol=app%5C20060301%5C05-1103&invol=1
Tuesday, May 4, 2010
PDD.97: G. Braxton Price, Esq.
G. Braxton Price is a North Carolina Attorney http://www.hunterandprice.com/Attorney-Profile/G-B-Price.shtml.
In the Campbell Law Review, he wrote: "Inevitable Inequities:" The Public Duty Doctrine and Sovereign Immunity in North Carolina. http://law.campbell.edu/lawreview/articles/28-2-271.pdf
Scroll down to page 282, under the section and first paragraph of The Duty of Care, in which Mr. Price states:
"The concept of '[a] duty to all is a duty to none' is inherently illogical. If the government has a duty to the public, it also has a duty to the individual who makes up the public, because the mythical personality the law calls 'the public' cannot bring suit in order to be made whole or to hold government accountable. Only individuals can do this."
In the Campbell Law Review, he wrote: "Inevitable Inequities:" The Public Duty Doctrine and Sovereign Immunity in North Carolina. http://law.campbell.edu/lawreview/articles/28-2-271.pdf
Scroll down to page 282, under the section and first paragraph of The Duty of Care, in which Mr. Price states:
"The concept of '[a] duty to all is a duty to none' is inherently illogical. If the government has a duty to the public, it also has a duty to the individual who makes up the public, because the mythical personality the law calls 'the public' cannot bring suit in order to be made whole or to hold government accountable. Only individuals can do this."
Sunday, May 2, 2010
PDD.96: Test Tomorrow
Tomorrow, May 3, 2010, all across America, high school students will be taking the Advanced Placement United States Government and Politics test.
http://www.collegeboard.com/student/testing/ap/about.html
http://en.wikipedia.org/wiki/Advanced_Placement_United_States_Government_and_Politics
I can't wait to review the questions. Any bets on whether The Public Duty Doctrine will be mentioned either specifically or generally?
http://www.collegeboard.com/student/testing/ap/about.html
http://en.wikipedia.org/wiki/Advanced_Placement_United_States_Government_and_Politics
I can't wait to review the questions. Any bets on whether The Public Duty Doctrine will be mentioned either specifically or generally?
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