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Gabby Petito's family files claim alleging police failed her



https://www.yahoo.com/news/gabby-petitos-family-files-claim-163021375.html
 

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In the 1989 landmark case of DeShaney v. Winnebago County Department of Social Services, the U.S. Supreme Court held that the failure by government workers to protect someone (even 4-year-old Joshua DeShaney) from physical violence or harm from another person (his father) did not breach any substantive constitutional duty.[3] In this case, Joshua’s mother sued the Winnebago County Department of Social Services, alleging it deprived Joshua of his "liberty interest in bodily integrity, in violation of his rights under the substantive component of the Fourteenth Amendment's Due Process Clause, by failing to intervene to protect him against his father's violence.”[4] While the Department took various steps to protect Joshua after receiving numerous complaints of the abuse, the Department took no actions to remove Joshua from his father's custody.[5] Joshua became comatose and extremely retarded due to traumatic head injuries inflicted by his father who physically beat him over a long period of time.[6]

Nevertheless, the Court found that the government had no affirmative duty to protect any person, even a child, from harm by another person. “Nothing in the language of the Due Process Clause itself requires the State to protect the life, liberty, and property of its citizens against invasion by private actors," stated Chief Justice Rehnquist for the majority, "even where such aid may be necessary to secure life, liberty, or property interests of which the government itself may not deprive the individual" without “due process of the law.”[7]

https://www.barneslawllp.com/blog/police-not-required-protect
 
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