DannusMaximus wrote: I'm not even sure how it got started.
The Supreme Court started it in Castle Rock vs Gonzales, and have consistantly ruled the same way since.
I had never heard of that case, thanks for pointing it out to me.
While on-duty with the FD, it is my understanding that I have a legal
duty to act, not just a professional duty to act (because I don't want to lose my job), in particular when it comes to providing aid for a medic run I've been dispatched to. I can't be sued just because a patient dies while under my care (unless I didn't follow protocol or did something grossly inappropriate), but I think I could be if I just gaffed of the run or strolled by a person bleeding to death while I was out for my daily jog around the hose house.
I'm not sure why the police wouldn't also have a legal duty to respond, but since it's a restraining order that kind of throws a wrench into the equation. Seriously, do you know how many times people will let their ex violate a restraining order because "well, he just wanted to see his kids" or "Yeah, but he just wanted to talk, and we've been getting along pretty good..." I shit you not, patrol officers in larger cities probably get these calls daily.
If a dispatch came in that an armed person was kicking in somebody's front door and five-oh just sat in their squad cars updating their Facebook accounts instead of responding I can't imagine they wouldn't be held liable not responding.