As of 2008, there were about 700,000 police officers across the United States in the field (1). There are approximately 310,000,000 residents of the US (2). If you assume three shifts, and 10% are out sick, on vacation, in court, in training, or desk duty for one reason or another, that means that there is one officer for every 1476 people.
Assuming that "your" officer isn't busy with one of the other 1475 people, average response time from 911 to flashing lights is about nine minutes nationwide, but if you live in a city like Detroit, the average is 24 minutes (3); Chicago often has times as high as 26 minutes (4); in New York, ten minutes in 1999 (5). According to the National Crime Victimization Survey, most violent crime is perpetrated in under eight minutes. (6)
With a ratio like that, and response times like those, it's a practical necessity that the person most responsible for your safety is you.
But what the heck, let's assume we had one patrol officer per person, shadowing you at all times. He or she would be obligated to protect you from harm, right? After all, the slogan on the side of the car says "to protect and serve". Right?? RIGHT??? No, not really.
In multiple states, at the local, state, and federal level, police have not been held accountable for failing to protect individuals. Let's examine some of the cases.
Riss v. City of New Yorkhttp://lawschool.courtroomview.com/acf_cases/10107-riss-v-new-yorkBrief Fact Summary
Plaintiff was harassed by a rejected suitor, who claimed he would kill or seriously injure her if she dated someone else. Plaintiff repeatedly asked for police protection and was ignored. After the news of her engagement, the plaintiff was again threatened and called the police to no avail. The next day, a thug, sent by the rejected suitor, partially blinded the plaintiff and disfigured her face.
Rule of Law and Holding
The municipality does not have a duty to provide police protection to an individual. It has a duty to the public as a whole, but no one in particular.
Keane v. Chicago, 98 Ill. App.2d 460, 240 N.E.2d 321 (1st Dist. 1968)
Silver v. Minneapolis, 170 N.W.2d 206 (Minn. 1969)
Hartzler v. City of San Jose, 46 Cal. App.3d 6 (1st Dist. 1975).
Sapp v. Tallahassee, 348 So.2d 363 (Fla. App. 1st Dist.), cert. denied 354 So.2d 985 (Fla. 1977); Ill. Rec. Stat. 4-102
Jamison v. Chicago, 48 Ill. App. 3d 567 (1st Dist. 1977)
Wuetrich V. Delia, 155 N.J. Super. 324, 326, 382, A.2d 929, 930 cert. denied 77 N.J. 486, 391 A.2d 500 (1978)
Stone v. State, 106 Cal.App.3d 924, 165 Cal Rep. 339 (1980)
Warren v. District of Columbia, 444 A.2d 1 (D.C.App 1981)
http://en.wikipedia.org/wiki/Warren_v._District_of_ColumbiaThe Court, however, does not agree that defendants owed a specific legal duty to plaintiffs with respect to the allegations made in the amended complaint for the reason that the District of Columbia appears to follow the well established rule that official police personnel and the government employing them are not generally liable to victims of criminal acts for failure to provide adequate police protection. This uniformly accepted rule rests upon the fundamental principle that a government and its agents are under no general duty to provide public services, such as police protection, to any particular individual citizen.
Chapman v. Philadelphia, 290 Pa. Super. 281, 434 A.2d 753 (Penn. 1981)
Bowers v. DeVito, 686 F.2d 616 (7th Cir. 1982)
Davidson v. Westminster, 32 Cal.3d 197, 185, Cal. Rep. 252; 649 P.2d 894 (1982)
Morgan v. District of Columbia, 468 A.2d 1306 (D.C.App. 1983) (Only those in custody are deserving of individual police protection)
Morris v. Musser, 84 Pa. Cmwth. 170, 478 A.2d 937 (1984)
Calogrides v. Mobile, 475 So. 2d 560 (Ala. 1985); Cal Govt. Code 845
DeShaney v. Winnebago County, 489 U.S. 189 (1989)
Castle Rock v. Gonzales, 545 U.S. 748 (2005)
http://en.wikipedia.org/wiki/Castle_Rock_v._GonzalesDuring divorce proceedings, Jessica Gonzales, a resident of Castle Rock, Colorado, obtained a restraining order against her husband on June 4, 1999, requiring him to remain at least 100 yards from her and their three daughters except during specified visitation time. On June 22, at approximately 5:15 pm, her husband took possession of the three children in violation of the order. Gonzales called the police at approximately 7:30 pm, 8:30 pm, 10:10 pm, and 12:15 am on June 23, and visited the police station in person at 12:40 am on June 23, 1999. However, the police took no action, despite the husband's having called Gonzales prior to her second call to the police and informing her that he had the children with him at an amusement park in Denver, Colorado. At approximately 3:20 am on June 23, 1999, the husband appeared at the Castle Rock police station and instigated a fatal shoot-out with the police. A search of his vehicle revealed the corpses of the three daughters, whom the husband had killed prior to his arrival.
...
The Court's majority opinion by Justice Antonin Scalia held that enforcement of the restraining order was not mandatory under Colorado law; were a mandate for enforcement to exist, it would not create an individual right to enforcement that could be considered a protected entitlement under the precedent of Board of Regents of State Colleges v. Roth; and even if there were a protected individual entitlement to enforcement of a restraining order, such entitlement would have no monetary value and hence would not count as property for the Due Process Clause.
Justice David Souter wrote a concurring opinion, using the reasoning that enforcement of a restraining order is a process, not the interest protected by the process, and that there is not due process protection for processes.
(1)
http://www.bls.gov/oco/ocos160.htm - 900k total, 700k who are not detectives, supervisors, managers, fish and game wardens, or transit and railroad police.
(2)
http://quickfacts.census.gov/qfd/states/00000.html(3)
http://detroit.blogs.time.com/2010/04/19/in-detroit-improved-911-response-times(4)
http://www.suntimes.com/news/commentary/476590,CST-EDT-edits20b.article(5)
http://www.nytimes.com/1999/09/24/nyregion/police-are-criticized-for-responding-more-slowly-to-911-calls.html(6)
http://www.icpsr.umich.edu/NACJD/NCVS/
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