Monthly Law Journal Article: Civil Liability and Domestic Violence Calls -- Part One, 2008 (5) AELE Mo. L.J. 101.
     Monthly Law Journal Article: Civil Liability and Domestic Violence Calls -- Part Two, 2008 (6) AELE Mo. L.J. 101.
     Monthly Law Journal Article: Civil Liability and Domestic Violence Calls -- Part Three, 2008 (7) AELE Mo. L.J. 101.
    A federal court dismissed civil rights claims by the estate of a woman allegedly murdered by a sheriff's deputy, her ex-husband, after other deputies allegedly failed to arrest him following her domestic violence call. The civil rights claim was based on a "class-of-one" equal protection argument, but the plaintiff failed to show that the deputies, in failing to arrest their fellow deputy, had adopted a policy directed at discriminating against the decedent. Florida state law negligence claims against the county sheriff remain at issue. The Estate of Hawkins v. Eslinger, No. 6:07-cv-1261, 2008 U.S. Dist. Lexis 39492 (M.D. Fla.).
     A woman married to a police officer failed to show that she was denied equal protection regarding alleged incidents of domestic violence. The wife claimed that officers unjustifiably stopped her on a number of occasions, that her husband stalked her in his police vehicle, and that she was intentionally treated differently than other victims of domestic violence not married to police officers. To the contrary, the court found that officers took steps to try to protect the wife, even over the objections of both her husband and herself, including going to their home in response to a 911 call which was made and then "rescinded," and filing various reports. Any actual difference in treatment was the result of the wife's own requests, as she asked that only "informal" measures be taken to stop her husband's alleged violent actions. Mata v. City of Kingsville, Tex., No. 06-41518, 2008 U.S. App. Lexis 9211 (5th Cir.).
     An undersheriff was entitled to qualified immunity on an equal protection claim asserted by a lesbian who obtained an emergency protective order based on alleged domestic violence by her estranged girlfriend, but not on claims that he refused to enforce a permanent protective order that she subsequently obtained. The emergency order allowed the girlfriend to access the home for a period of time to retrieve some of her property, while the permanent order barred her from the premises altogether. The plaintiff claimed that she was provided with a lesser degree of protection than that provided to heterosexual victims of domestic violence. The court also allowed a Fourth Amendment claim to proceed on the basis that the undersheriff told the plaintiff not to return to her home while her girlfriend was present, and that he would arrest her if she did, which allegedly facilitated the girlfriend's seizure of some of the plaintiff's property from the premises. Price-Cornelison v. Brooks, No. 05-6140, 2008 U.S. App. Lexis 9628 (10th Cir.).
     Minor failed to show that there was a mandatory duty under California state law to protect her from violence by her father, who stabbed her in the heart and lung. The father had previously been arrested for screaming in an uncontrollable manner in the street and around his apartment, and violently banging on a refrigerator. Following the arrest, a urine test showed that he was under the influence of phencyclidine. Even though the ensuing investigation by a social worker was "lousy" and failed to make a proper determination about the risk of returning the minor to her father, there was immunity from liability for the exercise of discretion under these circumstances. Ortega v. Sacramento County Dept. of Health & Human Services, No C054262, 2008 Cal. App. Lexis 470 (3rd Dist.).
     A deputy who arrested a husband for violating a protective order obtained by his wife barring him from entering the driveway of his wife's residence had probable cause for the arrest, even if he made a mistake in interpreting the order as to the meaning of the word driveway as specified in the particular order at issue. This mistaken interpretation of the order did not forfeit the deputy's immunity for enforcing a court order, particularly when he contacted a dispatcher to attempt to get a clarification of the meaning of the order. James v. Adams County, Idaho, No. 06-35296, 2008 U.S. App. Lexis 6562 (9th Cir.).
     A township's general order told police to regard domestic violence scenes as criminal investigations, to make contact with all involved parties, and to impound and secure as evidence any weapons. In a lawsuit filed by a domestic violence arrestee, the court found that this order was not facially unconstitutional, and that no proof had been presented that officers had implemented that policy in a way that permitted unreasonable searches and seizures. The police, when they arrived at the scene, observed both a "bloody victim" and a third individual who was not either the victim or assailant, but who did not cooperate with their inquiries, but instead acted belligerently in response to their questions. The arrestee's criminal conviction was upheld on appeal, and the appeals court in the federal civil rights lawsuit upheld summary judgment for the defendants. Lawrence v. Bloomfield Township, No. 05-2511, 2008 U.S. App. Lexis 5372 (6th Cir.).
     Claims were properly asserted against municipality and its personnel for alleged failure to protect two victims of domestic violence from being murdered after receiving information of a man's alleged plan to engage in a murder for hire scheme. The man had engaged in a pattern of abuse, according to the plaintiffs, while living with a woman, who then obtained protective orders against him. Subsequently, the man's chiropractor allegedly contacted police and reported that the man had been asking if there was anyone who could be hired to kill the woman or "break her legs." The Complaint alleges that the failure to protect the woman and another family member who was also murdered at the same time violated the Illinois Domestic Violence Act, 750 ILCS 60/101 et seq. An intermediate Illinois appeals court found that the alleged willful and wanton failure to provide protection under the circumstances was adequate to survive a motion to dismiss, and that the provisions of a state Tort Immunity Act did not override the protections provided by the Domestic Violence Act. The court also ruled, however, that the second murder victim, who was not named in the protective order, was not a protected person under the statute, so that claims involving her death were properly dismissed. Lacey v. Village of Palatine, No. 1062842, 2008 Ill. App. Lexis 61 (Ill. App. 1st Dist.).
     A woman who was shot and injured by her husband after obtaining a protective order against him under Texas law, established a factual issue as to whether police violated state law in failing to follow the provisions of a state domestic violence statute. The plaintiff, however, failed to provide evidence that the alleged failure to enforce the state law was motivated by discriminatory intent against women. Her allegation that officers threatened to take away her children if she kept calling to complain about her husband did not establish such discriminatory intent. The city, a police chief, and a police officer were therefore entitled to summary judgment. Kelley v. City of Wake Village, Texas, No. 07-40227, 2008 U.S. App. Lexis 2441 (5th Cir.).
     Officers were not entitled to qualified immunity on claims that they unlawfully entered a woman's home without consent or exigent circumstances while responding to a domestic disturbance call. At the time of their entry, the domestic dispute had allegedly been "neutralized" and there were no facts that would have caused the officers to believe that any one was in danger inside the home. The court also found that there was evidence from which a jury could find that an officer used excessive force in arresting the woman, causing her injuries at a time when she had not committed a crime and did not pose a threat to anyone. Campbell v. Clay, No. 07-13040, 2008 U.S. App. Lexis 2928 (11th Cir.).
     Spouse of a police officer who shot and injured her before shooting and killing himself did not show a violation of her substantive or procedural due process rights on the basis of the police department's failure to arrest him when she previously reported incidents of abuse after obtaining protective orders. The mere failure to act did not violate her rights or bring his assault on her within the bounds of a "state-created danger" theory of liability. The appeals court also rejected the spouse's equal protection claim, since there was no evidence from which a reasonable jury could find an unlawful custom or believe that a discriminatory motive was behind the failure to arrest the plaintiff's husband. There was no constitutional duty to protect the plaintiff from abuse by her spouse. Burella v. City of Philadelphia, No. 04-1157/2495, 2007 U.S. App. Lexis 21924 (3rd Cir.).
     Man arrested during a domestic disturbance did not assert a valid false arrest claim when a Connecticut statute required the officers to place persons suspected of family violence under arrest. The dismissal of charges against him in exchange for his agreement to attend counseling was not a favorable disposition in the arrestee's favor for purposes of a malicious prosecution claim. The arrestee could proceed, however, on his claims for excessive use of force and failure to provide needed medical attention. Clark v. Dowty, No. 3:05-cv-1345, 2007 U.S. Dist. Lexis 49184 (D. Conn.).
     Federal appeals court reinstates lawsuit by woman who claimed that when she tried to report her boyfriend's assault to deputies after she broke up with him, they would not allow her to file a complaint, and that they subsequently took her to a psychiatric center for commitment, which occurred because they lied about her actions. Her boyfriend was a town employee, and allegedly a personal friend of a number of the deputies. The appeals court found that the trial court improperly disregarded evidence which was sufficient to have allowed a jury to find that one or more of the deputies lied to get her committed, and that the plaintiff presented enough evidence that the deputies acted to have her committed in retaliation for her trying to file a complaint. Meyer v. Board of County Commissioners of Harper County, Oklahoma, No. 04-6106, 2007 U.S. App. Lexis 8629 (10th Cir.).
     Surviving family members of woman who was killed by her husband failed to show that officers should be held liable for failure to protect her. Mere promises of additional police patrols in the area did not constitute an enhancement of the danger to the decedent for purposes of the "state-created danger" doctrine. Brooks v. Knapp, No. 06-1352, 2007 U.S. App. Lexis 5966 (6th Cir.).
     Police officer had probable cause to arrest husband for allegedly striking his daughter above her eye, based on a report by his wife. Crosset v. Marquette, No. C-060148, 2007 Ohio App. Lexis 508 (1st Dist.).[N/R]
     Police officers were entitled to qualified immunity for allegedly failing to prevent the murder of a son by his father, despite repeated calls to the police and the existence of a protective order, since the officers had discretion as to what actions to take in enforcing the protective order issued under Tennessee state law. Hudson v. Hudson, No. 05-6575, 2007 U.S. App. Lexis 1705 (6th Cir.). [N/R]
     Police officer was not liable to domestic violence victim for failing, while filling out paperwork to charge her ex-boyfriend with violation of a protective order, to check off box to keep her address confidential. The boyfriend, after his release from prison, allegedly subsequently obtained a copy of the paperwork containing her current address, and the victim accordingly feared that he would harm her, so she allegedly felt compelled to move to a new address. The plaintiff failed to show, as required for liability for violation of her right to privacy, that the officer acted with deliberate indifference to her rights. Hanigan v. City of Kent, Case No. C06-176, 2006 U.S. Dist. Lexis 89489 (W.D. Wash.).  [N/R]
     Man arrested for domestic violence failed to show that law enforcement officers caused his bail to be set at an allegedly excessive amount of $1 million in violation of the Eighth Amendment. While the officers had engaged in a discussion of the need for a higher than average bail because of their belief that the arrestee could post the usual default amount, and because the alleged victim was in fear for her safety, the bail amount was ultimately set by a Bail Commissioner. While a federal appeals court disagreed with the trial court's conclusion that the $1 million was not excessive, it found that the plaintiff failed to produce evidence on the reason for the amount, failing to create a viable issue as to whether it was unconstitutionally enhanced. Galen v. County of Los Angeles, No. 04-55274, 2006 U.S. App. Lexis 27465 (9th Cir.). [N/R]
    New York high court rules that officers who allegedly failed to remove weapons from home when called to the scene of a domestic dispute were not liable for estranged husband's action, after they left, of shooting and injuring wife before killing himself with the same gun. Without a "special relationship" imposing a duty to provide protection, officers "cannot be expected to predict and prevent irrational behavior." Halpin v. Town of Lancaster, No. 167 SSM 26, 2006 N.Y. Lexis 2551. [2006 LR Nov]
     Deputy sheriff was not liable for failing to arrest woman's boyfriend at her residence the night before he beat her to death. Even if he had suspected domestic abuse when summoned to the house, arrest in those circumstances was discretionary rather than mandatory under Kentucky state law, and, additionally, he observed no signs of violence or abuse. Howard v. Bayes, No. 05-5076, 2006 U.S. App. Lexis 20378 (6th Cir.). [2006 LR Oct]
     Several arrests of a police officer's wife, under valid arrest warrants, in connection with domestic disputes, did not violate her rights when the plaintiff failed to show that there were any false statements in the affidavits seeking the warrants. The failure of investigating officers to immediately arrest her husband when she stated that he had attacked her did not violate her due process rights. Investigating officer looked into both husband's and wife's versions of the incident, and two days later obtained arrest warrants for both of them. Zappone v. Town of Watertown, No. CIV. 3:99CV00944, 427 F. Supp. 2d 83 (D. Conn. 2006). [N/R]
     Officers and county were not liable for responding to 911 call concerning woman's drunken estranged husband's visit to her sister's house, and failing to prevent him from shooting and killing his wife, shooting his brother-in-law and sister-in-law, and then killing himself. Nothing the officers did created or enhanced the danger. Tanner v. County of Lenawee, No. 05-1107, 2006 U.S. App. Lexis 15566 (6th Cir.). ) [2006 LR Aug]
     Enforcement by a city and county of a court "no-contact" order, entered against a man in a criminal proceeding for domestic assault, even though it prevented him from returning to his home, where he lived with the woman he was accused of assaulting, was not a "taking" of private property entitling him to compensation. The actions taken were carried out in enforcing a facially valid court order, and the defendants' employees could not make their own determination of the merits or enforceability of that order. Borlaug v. City of Cedar Falls, No. 05-6847, 710 N.W.2d 541 (Iowa App. 2006). [N/R]
     Man's actions in taking photographs in front of the home of a person who had obtained a protective order against him provided officer with arguable probable cause to initiate a criminal prosecution against him for harassment in the second degree, entitling the officer to qualified immunity in a resulting malicious prosecution lawsuit. The arrestee's actions could have been viewed by a reasonable officer as constituting a threat of further violence. Jaegly v. Couch, No. 05-2191, 168 Fed. Appx. 480 (2nd Cir. 2006). [N/R]
     Man arrested in domestic violence matter failed to show that any possible violation of his right to equal protection was based on a county policy of discrimination against males in such circumstances, so that he could not pursue his claims against the county. Arresting officers were entitled to qualified immunity on arrestee's claim that they violated his Second Amendment rights by seizing his guns during a search of his residence, since there was no clearly established individual Second Amendment constitutional right to keep and bear arms. Bloomquist v. Albee, No. Civ. 03-276, 421 F. Supp. 2d 162 (D. Me. 2006). [N/R]
     Husband, involved in divorce proceedings with his wife, did not show that police officer violated his right to equal protection, as a member of a class of persons involved in domestic disputes, by refusing to treat his complaint that his wife had stolen his personal property the same as a similar complaint by other persons. The officer was entitled to qualified immunity, since the alleged right violated was not clearly established in 1999. The officer could also reasonably believe in the lawfulness of his refusal to further investigate the husband's complaint, to arrest the wife, or to search her home for pieces of a silverware set, when the silverware was not on a list of items that the husband could remove from the home which had been approved in the divorce proceeding. Fedor v. Kudrak, No. 3:02 CV 1489, 421 F. Supp. 2d 473 (D. Conn. 2006). [N/R]
     Illinois Supreme Court rules that police officers who allegedly failed to assist domestic violence victim in response to 911 call were not entitled to absolute immunity under state law on a claim that their inaction was willful and wanton conduct which caused her death when her husband subsequently shot her. More specific limited immunity provision of domestic violence statute applied instead, with an exception for willful and wanton conduct. Moore v. Green, No. 100029, 2006 Ill. Lexis 613. [2006 LR Jun]
     County sheriff and other law enforcement officials were not liable for failing to protect woman from being murdered by her estranged husband based on their alleged failure to take adequate measures in response to her report that he had assaulted and raped her two weeks before. There was no indication that the decedent had justifiably relied on any affirmative promises by the defendants to provide protection or take particular action, and therefore no "special relationship" between the defendants and the decedent sufficient to support the imposition of liability. Kromer v. County of Onondaga, 809 N.Y.S.2d 723 (A.D. 4th Dept. 2006). [N/R]
     County and officer were not liable for woman's murder by her boyfriend, based on officer's dispatch to her residence following 911 calls, and decision to leave when he failed to hear any indications of a dispute inside. These actions neither created nor increased the danger that the woman would be killed, so there could be no liability under a "state-created danger" theory. May v. Franklin County Comm'rs, No. 05-3188, 2006 U.S. App. Lexis 3528 (6th Cir.). [2006 LR Apr]
     Police officers reporting to the scene of a domestic dispute did not have an affirmative duty to remove weapons from the home, and therefore could not be liable for the husband's subsequent action of shooting his wife before killing himself. Halpin v. Town of Lancaster, 806 N.Y.S.2d 810 (A.D. 4th Dept. 2005). [N/R]
     Police officers who encountered an intoxicated man who threatened his wife, disabled her car, and refused to cooperate with being arrested and handcuffed did not act unreasonably in using physical force and mace to subdue him. They could reasonably believe, under the circumstances, that he posed a threat to his wife, children, others present, and themselves. Wilson v. Flynn, No. 04-2491, 2005 U.S. App. Lexis 24555 (4th Cir.). [2006 LR Jan]
     Police officer who stood outside residence while an estranged husband removed property when his wife was absent did not violate the Fourth Amendment. He had no reason to know that the husband would either remove property that was not his or vandalize the wife's property. Pepper v. Village of Oak Park, No. 04-3948, 2005 U.S. App. Lexis 26050 (7th Cir.). [2006 LR Jan]
     Law enforcement agencies were not liable for the deaths of a mother and son shot and killed by their estranged husband and father, whose gun, previously taken away when officers responded to a domestic violence call, was subsequently returned to him and then used to shoot them. First, the estranged husband/father had access to another gun in any event, and secondly, the murder victims had no constitutionally protected property interest, protected by the due process clause of the Fourteenth Amendment, to enforcement of a domestic violence protective order entered under Pennsylvania law. Starr v. Price, No. 3:03 CV 636, 385 F. Supp. 2d 502 (M.D. Pa. 2005). [N/R]
     A Mississippi state statute providing immunity for officers who take reasonable measures to prevent domestic violence did not apply to an officer who allegedly first handcuffed an arrestee during a domestic violence call and then ground the arrestee's face into the concrete floor in reckless disregard of the arrestee's safety. City of Jackson v. Calcote, No. 2003-CA-01318-COA, 910 So. 2d 1103 (Miss. App. 2005). [N/R]
     Police officer acted reasonably in shooting a man who had barricaded himself in his bedroom armed with a number of guns after officers came to his house in response to a domestic disturbance call, and who threatened to shoot officers if they attempted to remove him from the home. Just prior to the officer shooting him, the suspect had raised a window and announced that he now had a "clean shot." Phillips v. James, No. 03-4272, 422 F.3d 1075 (10th Cir. 2005). [2005 LR Dec]
     Father of children was not deprived of equal protection of law, nor were his due process rights as a parent violated when police officers and prosecutors failed to find probable cause to arrest his child's biological mother for kidnapping, but prosecuted him for alleged domestic violence. There was no evidence that the defendants were motivated by gender bias. Burrell v. Anderson, No. CIV.04-43, 353 F. Supp. 2d 55 (D. Me. 2005). [N/R]
     County was not liable to domestic violence arrestee on his claim that his rights were violated by conditioning his release on bail on his attending a domestic violence program which was also utilized as part of the sentence for others convicted for the same offense. The plaintiff failed to show that this was imposed as a condition of his release on bail pursuant to an official county policy or custom. The arrestee, who was a black man who had been dating a white woman, also failed to show that there was a county policy of treating black men who date white women differently than others accused of domestic violence when it came to setting the conditions of their bail. In fact, the court ruled, the county did not make or control the making of bail decisions, which was solely within the powers of the county court. McLaurin v. New Rochelle Police Officers, No. 03-CIV-10037, 368 F. Supp. 289 (S.D.N.Y. 2005). [N/R]
     D.C.'s failure to discipline a police officer for allegedly improperly assaulting and arresting her brother-in-law was not an adequate basis for a federal civil rights claim against the municipality for inadequate supervision. The officer's conduct was investigated, her police powers were suspended during the investigation, and the officer was then provided with counseling about being involved in domestic disputes, which showed that the District was not deliberately indifferent to any existing problem. McRae v. Olive, No. CIV.A 03-00696, 368 F. Supp. 2d 91 (D.D.C. 2005). [N/R]
    Deputy sheriff was not liable for failing to arrest man allegedly suspected of fighting with his girlfriend, who subsequently murdered her, since the duties imposed on him under a Kentucky domestic violence statute were discretionary. Plaintiffs also failed to show that the deputy had "created" or enhanced the danger to the girlfriend for purposes of the "state-created-danger" doctrine. Howard v. Bayes, No. CIV.A. 7:02-204, 378 F. Supp. 2d 753 (E.D. Ky. 2005). [N/R]
     Man arrested during officers' response to domestic violence call failed to show that excessive force was used against him. While officers allegedly hit him about the neck, shoulders, and wrist with their nightsticks and wrestled him to the ground, the arrestee refused to cooperate with the officers, fought with them, disarmed one of them, and grabbed a second officer by the groin. Under these circumstances, the amount of force used by the officers was not objectively unreasonable. Plaintiff arrestee also failed to establish, as he claimed, that the city had a "widespread practice" of abusing "men of color" who dated white women. McLaurin v. New Rochelle Police Officers, #03 CIV. 10037, 373 F. Supp. 2d 385 (S.D.N.Y. 2005). [N/R]
     Man arrested in domestic violence investigation failed to show that his right to equal protection of law was violated by the failure of the county and its prosecutor to investigate his complaint against his ex-wife in the same manner as they investigated her complaint against him. Staley v. Grady, No. 03CIV.7949, 371 F. Supp. 2d 411 (S.D.N.Y. 2005). [N/R]
     U.S. Supreme Court rejects claim that woman granted a restraining order against her estranged husband had a constitutionally protected due process property interest in having police enforce it. Plaintiff alleged that the failure of police to do so resulted in the murder of her three minor daughters by her husband while violating the order. Town of Castle Rock v. Gonzales, No. 04-278, 2005 U.S. Lexis 5214. [2005 LR Aug]
     The Illinois Domestic Violence Act, 750 ILCS 60/305, which waived liability against municipalities for officers' willful and wanton misconduct, rather than the absolute immunity allegedly provided to officers under the Tort Immunity Act, 745 ILCS 10/4-102, applied to a lawsuit brought by the estate of a domestic abuse victim seeking damages for wrongful death against officers who allegedly failed to adequately investigate a 911 call reporting domestic violence and left the scene of the disturbance only minutes before the husband shot the wife to death. Moore v. Green, #1-03-2651, 822 N.E.2d 69 (Ill. App. 1st Dist. 2004). [N/R]
     County and deputy sheriff to whom a deputy surrendered his weapon under the terms of an order of protection obtained by his wife were not liable for his subsequent killing of his wife with another weapon he allegedly stole from a weapons locker. The Defendants did not have any special relationship with the wife imposing a duty to protect her under New York state law. Farley v. County of Erie, 791 N.Y.S.2d 251 (A.D. 4th Dept. 2005). [N/R]
     Federal appeals court rejects claim that police officers violated a man's rights to equal protection by failing to arrest his former boyfriend, a member of the City Council, following an alleged domestic disturbance at their home. Lunini v. Grayeb, No. 04-1822, 2005 U.S. App. Lexis 885 (7th Cir.). [2005 LR Mar]
    Arrestee's release of city and officers from civil liability in exchange for dismissal of criminal charges of domestic violence against her was fully enforceable. Alabama statute prohibiting the crime of "compounding," punishing agreements offering something of value in exchange for not seeking prosecution of a crime, did not apply to city attorney's offer of release agreement. Penn v. City of Montgomery, No. 03-14207, 381 F.3d 1059 (11th Cir. 2004). [2004 LR Dec]
     Officer was entitled to qualified immunity for shooting and killing a husband struggling on the floor with another officer summoned to the home because of a domestic dispute. Parks v. Pomeroy, No. 03-2043 2004 U.S. App. Lexis 23262 (8th Cir.2004). [2004 LR Dec]
     Employer whose drug intoxicated employee shot a police officer responding to a domestic dispute he was having with his wife was properly held liable for $800,000 in compensatory and $500,000 in punitive damages. Evidence showed that supervisors were aware of, and even encouraged, work crew to use drugs to stay "alert" and awake while repairing railroad tracks. Loram Maintenance of Way, Inc. v. Ianni, No. 08-02-00049-CV, 141 S.W.3d 722 (Tex. App. 2004). [2004 LR Dec]
     Woman's estate could pursue a negligence claim under Connecticut law against town and police officers for allegedly failing to protect her and her unborn fetus from being fatally shot by her estranged boyfriend, who was the father. Court rules that the defendants did not have tort immunity because the decedents were identifiable persons facing imminent harm. It was alleged that the officers knew of two prior assaults and a kidnapping that the boyfriend had perpetrated against the woman, and that the woman had expressed fear for her life. Florence v. Town of Plainfield, No. CV-03 00695808, 849 A.2d 7 (Conn. Super. 2004). [N/R]
     Woman arrested for alleged violation of a domestic violence protective order that she claimed she had not yet been served with could not pursue federal civil rights claim against town when there was no assertion that any official municipal policy had caused the arrest. The mere fact that the magistrate who issued the warrant for her arrest, and the sheriff who supervised the office which allegedly failed to serve her with the protective order were both municipal employees did not alter the result. Cole v. Summey, 329 F. Supp. 2d 391 (M.D.N.C. 2004). [N/R]
     City could not be held liable for death of wife shot and killed by her estranged husband while she attempted to retrieve her belongings from their residence while accompanied by police officers. Officers had no constitutional duty to protect the wife against violence by the husband and their presence in the home did not increase or create the danger to her from him. Simmons v. City of Inkster, #03-72318, 323 F. Supp. 2d 812 (E.D. Mich. 2004). [2004 LR Oct]
     Even if employees of the county sheriff's officers were negligent in failing to arrest a husband before he shot and wounded his wife, the department was immune from a lawsuit under Mississippi state law under a statute, A.M.C. Sec. 11-46-9(1)(c) providing that a government entity is not liable for any claim in the absence of conduct by an employee acting in "reckless disregard" of the safety of others. The wife had previously signed a criminal affidavit against her husband for domestic violence, and a judge signed a warrant for his arrest, but this was allegedly never delivered to the county sheriff's department prior to the shooting incident. Collins v. Tallahatchie County, No. 2003-CA-01377-SCT, 876 So. 2d 284 (Miss. 2004). [N/R]
     Domestic violence arrestee whose bail was increased from $50,000 (listed in the county's felony bail schedule) to $1 million based on a request from a deputy sheriff was not entitled to damages on his claim that this constituted unconstitutionally excessive bail. First, the bail was not unconstitutionally excessive in violation of the Eighth Amendment, in light of the injuries the arrestee's alleged victim had suffered. Second, the deputy, and his supervisor, who approved the request, were entitled to qualified immunity as there was no clearly established violation of constitutional rights, and they could reasonably have believed both that there was a risk of flight by the arrestee and that he posed a danger to his alleged victim. None of the information they provided to the judicial officer who made the decision to increase the bail was false. Galen v. County of Los Angeles, 322 F. Supp. 2d 1045 (C.D. Cal. 2004). [N/R]
     Wife who was attacked and injured by her husband when he escaped from the custody of the U.S. Marshals Service after allegedly violating a domestic violence order of protection could not pursue her lawsuit against the Marshals Service and U.S. government when she failed to exhaust available administrative remedies under the Federal Tort Claims Act (FTCA), 28 U.S.C. Sec. 1346, 2671 et seq. She also could not pursue federal civil rights claims against federal officials under 42 U.S.C. Sec. 1983 in the absence of any allegation that they acted under color of state law. Cureton v. U.S. Marshal Service, 322 F. Supp. 2d 23 (D.D.C. 2004). [N/R]
     Despite a man's acquittal on a charge of murdering his spouse, his conviction on charges of domestic violence arising out of the same facts showed that there was probable cause for his arrest and prosecution, barring his claim for malicious prosecution. Garrett v. Fisher Titus Hospital, 318 F. Supp. 2d 562 (N.D. Ohio 2004). [N/R]
     Federal appeals court, in case where estranged husband took and murdered his three minor daughters, in violation of domestic protection order, rules that such an order, when enforcement is required by a state statute, creates a property interest protected by the due process clause of the Fourteenth Amendment. Claims against city for failing to enforce order are reinstated, but individual officers were entitled to qualified immunity. Gonzales v. Castle Rock, #01-1053, 366 F.3d 1093 (10th Cir. en banc, 2004). [2004 LR Sep]
     Officers had probable cause to arrest a man's fiancee for violating a California state statute against the willful infliction of "corporal injury" on a cohabitant, even if she lacked any intention to injure him. Both the man and his fiancee admitted to the officers that she had punctured his ear when trying to restrain him by grabbing his arm and the officers also observed both the blood on the fiancee's shirt and the puncture wound on the man's ear. Estrada v. County of Los Angeles, No. 02-56742, 91 Fed. Appx. 28 (9th Cir. 2004). [N/R]
     The issues as to whether a husband was falsely arrested for assault and whether his former wife should have been arrested instead were already litigated and determined in their dissolution of marriage proceeding, and the husband therefore was barred by the doctrine of collateral estoppel from raising and relitigating them again in his lawsuit for false arrest and malicious prosecution. Law enforcement defendants were entitled to summary judgment. Riemers v. Anderson, No. 20030317, 680 N.W.2d 280 (N.D. 2004). [N/R]
     Officers responding to domestic disturbance report had probable cause to arrest man for violation of New Jersey state firearms laws when they found that he possessed a handgun, that the gun was licensed in another state, and that he was a resident of another state. Bowser v. Borough of Freehold, #03-3386, 99 Fed. Appx. 401 (3rd Cir. 2004). [N/R]
     Montana Supreme Court reinstates $358,000 award against county sheriff for allegedly failing to protect woman against fatal shooting by her husband. Sheriff had a duty to protect the wife on the basis of a special relationship created by a Montana state statute requiring him to provide a notice of rights and information on community resources to domestic violence victims, and he allegedly failed to provide such notices or information during a three year period of responding to domestic violence calls at the couple's residence. Massee v. Thompson, #03-567, 90 P.3d 394 (Mont. 2004). [2004 LR Aug]
     Police officer's conduct in allegedly refusing to provide a man protection against his ex-girlfriend, a fellow police officer, following purported threats of physical violence, was "reprehensible" enough to support an award of punitive damages, but court finds $200,000 jury award of punitive damages excessive, ordering it reduced to $25,000, while upholding $2,000 award of compensatory damages. Plaintiff would be granted a new trial limited solely to the issue of punitive damages if he rejected the reduction. Stack v. Jaffee, 306 F. Supp. 2d 137 (D. Conn. 2003). [N/R]
     Police officers who took away a woman's gun while investigating a domestic dispute, but later returned it to her when they thought things were "under control" were not liable to boyfriend she allegedly shot with the weapon a month later. Court rejects the argument that the return of the weapon "created" the danger that he would be shot. The shooting was too remote in time to have been caused by the officers' actions, and their conduct placed him in "no worse" a position than he would have been in had they not gotten involved to begin with. Green v. City of Philadelphia, No. 03-2368, 92 Fed. Appx. 873 (3rd Cir. 2004). [N/R]
     Police officers did not violate the rights of a male homosexual co-habitant of a city councilman by requiring him to leave the residence under threat of arrest, following the councilman's 911 domestic violence call, despite the fact that he claimed to own the house and claimed that the officers also had probable cause to arrest the councilman. The councilman had a bloody lip at the time, and the co-habitant appeared to be in the process of packing up his possessions to move out. Since the officers needed to separate the two men, it was logical for them to ask the co-habitant to leave. Court also finds that the mere fact that the officers "laughed and made silly faces" when told that the two men were ending a relationship did not show that they engaged in discrimination on the basis of sexual orientation. Lunini v. Grayer, 305 F. Supp. 2d 893 (C.D. Ill. 2004). [N/R]
     Deputy sheriffs were entitled to qualified immunity for examining ex-husband's personal property as he was packing to leave the home after they served him with a temporary order of protection obtained by his ex-wife. They acted objectively reasonably in seeking to make sure that he was not concealing a weapon or some other "instrumentality" that could have presented a danger to persons present. Rosen v. County of Suffolk, N.Y., 305 F. Supp. 2d 239 (E.D.N.Y. 2004). [N/R]
     Officers had probable cause to arrest husband for violating court order of protection based on wife's statements, which they had no reason to doubt the veracity of. Coyle v. Coyle, 302 F. Supp. 2d 3 (E.D.N.Y. 2004). [N/R]
     City was not liable, under Florida law, for man's shooting of his wife, despite alleged negligent failure of officer to follow-up on promise to "talk" to the shooter about his alleged threat to her. Officer's failure to act was not the cause of the injuries, and no special relationship existed which would waive governmental immunity for the officer's conduct. City of Ocala v. Graham, No.5D02-3208, 864 So. 2d 473 (Fla. App. Dist. 5 2004). [2004 LR May]
     911 operator was not liable for man's murder of his wife and daughter based on classification of call by daughter as a family violence situation rather than a child injury in progress call. No violation of equal protection or due process was shown, and operator was entitled to qualified immunity. Beltran v. Amador, No. 03-50427, 2004 U.S. App. Lexis 7234 (5th Cir. 2004). [2004 LR May]
     There was no probable cause to arrest a husband for violation of a domestic protection order for attending church services at the same church his wife attended, since that was not prohibited by the order. Officer who did not read the order or otherwise attempt to ascertain its contents was not entitled to qualified immunity. Beier v. Lewiston, #02-35516, 354 F.3d 1058 (9th Cir. 2004). [2004 LR Apr]
     Factual issues concerning whether officer's search of man's residence, yard, and barn in an effort to locate a woman purportedly involved in a domestic dispute with him was justified by exigent circumstances or the plaintiff's consent barred summary judgment on the basis of qualified immunity in the man's civil rights lawsuit. Colao v. Mills, 770 N.Y.S.2d 474 (A.D. 3d Dept. 2004). [N/R]
     Nebraska Supreme Court overturns $300,000 award to woman assaulted in her home by a former boyfriend while he was on probation. No special relationship existed between crime victim and the state which gave rise to any specific duty to protect her from her former boyfriend. Bartunek v. State, No. S-02-710, 666 N.W.2d 435 (Neb. 2003). [N/R]
     Officers had probable cause to arrest husband for harassing his wife, even though both husband and wife told the officers that a scratch on the wife was caused "unintentionally." Evidence that he had taken something from his wife's hands in a manner that caused injury was enough for the officers to make an inference that he had an intent to harass or scare her, and officers, knowing that the husband had been making threats, did not believe the wife's statements. Shortz v. City of Montgomery, 267 F. Supp. 2d 1124 (M.D. Ala. 2003). [N/R]
     Deputy's observation of woman's injuries and receipt of her sworn statement accusing her boyfriend of assault were sufficient to provide probable cause for an arrest of her boyfriend, despite any factual dispute about the woman's credibility. Probable cause for the arrest precluded claims for both false arrest and malicious prosecution. Thomas v. County of Putnam, 262 F. Supp. 2d 241 (S.D.N.Y. 2003). [N/R]
     Police officers had exigent circumstances justifying a warrantless entry into the home of a 911 caller and her fiance when the dispatcher labeled the call as involving a "cutting or stabbing," and the fiance answered the door with blood on his legs and boxer shorts, and the caller was not then visible. Alleged handcuffing of caller for one minute while officers inspected her bruises was not proven, and plaintiff could not identify which officer purportedly did so. Probable cause existed for arrest of fiance for domestic violence based on bruises on woman caller. Thacker v. City of Columbus, No. 01-4097, 328 F.3d 244 (6th Cir. 2003). [2003 LR Oct]
     Police officer's alleged romantic involvement with victim did not alter a valid restraining order supported by probable cause into "one that was not," and he was entitled to qualified immunity for enforcing the order against the plaintiff after the woman who obtained the order called police about the plaintiff's alleged violation of it. Deen v. Corning City, No. 01-16705, 66 Fed. Appx. 675 (9th Cir. 2003). [N/R]
     Georgia Supreme Court holds that, under state law, a parent of an adult child murdered by his surviving spouse can pursue a wrongful death claim against the alleged murderer or against "other parties" that proximately caused the death, answering a question certified to it by the U.S. Court of Appeals for the Eleventh Circuit in a case where the murdered son's mother asserted state wrongful death claims against the wife, a police chief, and the city. The claims against the city and police chief were based on the fact that the alleged murderer was a police captain who had previously attempted suicide. The police chief had ordered her to remove all weapons from her home, but did not relieve her of her duties, and she used her service revolver to shoot and kill her husband. Carringer v. Rodgers, No. SO2Q1483, 578 S.E.2d 841 (Ga. 2003). [N/R]
     A female former police officer failed to establish a claim for violation of her equal protection rights when there was no evidence of this other than her "conclusory allegation" that her arrest for disorderly conduct following a fight with her husband, combined with the failure to arrest her husband showed differing treatment due to gender. Additionally, arguable probable cause existed to arrest her and her arrest was carried out under an arrest warrant. Zandhri v. Dortenzio, 228 F. Supp. 2d 167 (D. Conn. 2002). [N/R]
     Wife awarded $30,000 against Tennessee county for failing to protect her against her estranged husband who allegedly burned her home when deputies failed to arrest him for violating a protection order while divorce proceedings were pending. Tennessee statute waiving governmental immunity for county, however, barred the additional award, by the trial court, of $130,000 in damages against two deputy sheriff's. Matthews v. Pickett County, Tennessee, No. 00-6644, 46 Fed. Appx. 261 (6th Cir. 2002). [2003 LR Feb.]
     City and police officials were not liable for officer's action of taking his former wife and others hostage. Officer's actions were not foreseeable and ex-wife's domestic violence complaints against officer were "unspecific" and spread over time. One instance of ignoring a domestic violence complaint, negligently overlooked because of a heavy workload, did not show a policy or practice of ignoring such complaints against police officers. Hansell v. City of Atlantic City, No. 01-2908, 46 Fed. Appx. 665 (3rd Cir. 2002). [2003 LR Jan]
     City and officers did not "create" the danger to three children who were murdered by their father by failing to enforce a restraining order against him after he abducted them, and therefore did not violate their substantive due process constitutional rights. Plaintiff mother did, however, assert a valid possible claim for violation of procedural due process based on Colorado state statute requiring reasonable efforts to enforce restraining orders. Gonzales v. City of Castle Rock, No. 01-1053, 307 F.3d 12258 (10th Cir. 2002). [2003 LR Jan]
     Untimely processing of paperwork at prosecutor's office which should have led to the arrest of the complainant's former boyfriend was not a denial of the complainant's due process right of access to the courts and did not violate her right to equal protection. Court rejects argument that liability could be based on prosecutor's alleged failure to train her staff to give the same priority to domestic violence complaints from unmarried complainants as complaints involving married complainants. No liability for subsequent shooting of woman by former boyfriend. Thomas v. City of Mount Vernon, 215 F. Supp. 2d 329 (S.D.N.Y. 2002). [N/R]
     County and police department were not liable for alleged failure to protect a woman against continued domestic violence by a man who had previously been arrested on three separate occasions for abusing her. Plaintiff did not show that the defendants placed her in any greater danger or that there was any policy of inadequate training on domestic violence. O'Brien v. Maui County, #00-16571, 37 Fed. Appx. 269 (9th Cir. 2002). [2002 LR Nov]
     County and sheriff's department was not liable for ex-husband's shooting of his ex-wife on the basis of the alleged failure to serve him with a domestic violence order of protection. State statute creating a duty to serve such orders in a timely manner did not create a federal claim for violation of civil rights for alleged failure to do so. Jones v. Union County, Tennessee, #01-5149, 296 F.3d 417 (6th Cir. 2002). [2002 LR Nov]
     A father's murder of his infant daughter was "too remote" from a sergeant's actions in responding to the mother's call reporting domestic violence four days earlier to support a claim by the mother for deprivation of her constitutional rights. Sheets v. Mullins, #00-4162, 287 F.3d 581 (6th Cir. 2002). [2002 LR Oct]
     California Supreme Court rules that county and sheriff's department were not liable for negligence for failing to protect a woman from being fatally shot by her ex-husband at a courthouse. The defendants did not increase the risk of harm to the decedent, and the posting of signs "warning" persons of the alleged lack of security at the courthouse would have discouraged litigants from resorting to the courts. Those entering courthouse were, in any event, aware that persons entering were not screened for weapons. Zelig v. County of Los Angeles, #S081791, 119 Cal. Rptr. 2d 709, 45 P.3d 1171 (Cal. 2002). [2002 LR Aug]
    Officers had probable cause for arresting husband for criminal contempt and harassment based on wife's written complaint accusing him of violations of a protective order preventing him from being within 1000 feet of her. Officers had no reason to doubt the wife's claim that he had in person threatened to kill her and burn her house down, and one of the officers indicated that he conducted a personal investigation. Fulton v. Robinson, #00-9547, 289 F.3d 188 (2nd Cir. 2002). [2002 LR Aug]
     Sufficient exigent circumstances existed for officer to make a warrantless entry into a home to make an arrest when he was called to the home to investigate a possible domestic dispute, noticed clothing strewn about the street in front of the residence, and was approached by a woman with an arm that appeared disfigured who told him that the man inside the house had broken her arm. Walker v. West Caln Township, 170 F. Supp. 2d 522 (E.D. Pa. 2001). [N/R]
     Officers had probable cause, under Michigan law, to arrest a husband for domestic assault when they encountered his visibly upset wife, whose finger was bleeding and stated to them that she had told a 911 operator that he had been pushing and grabbing her and the children and had cut her finger in the course of physically taking the phone from her hand. Klein v. Long, #00-2235, 275 F.3d 544 (6th Cir. 2001). [N/R]
     Officers had probable cause to arrest woman in responding to domestic violence call, despite her contention that her boyfriend had hit her and then called the police before she could. Eckert v. Town of Silverthorne, #00-1030, 258 F.3d 1147 (10th Cir. 2001). [2002 LR Feb]
     Police department was not liable for officer's actions in going to his ex-wife's residence, while on vacation and intoxicated, shooting into the house, and then taking ex-wife's new husband and his own children hostage. Plaintiffs did not show that there was a city policy of ignoring complaints concerning domestic violence by officers. Hansell v. City of Atlantic City, Civ. A. No. 96-CV-5957, 152 F. Supp. 2d 589 (D.N.J. 2001). [2002 LR Jan]
     South Carolina domestic violence statute did not impose a duty on the sheriff's department to provide protection to specific domestic violence victims. Court rejects claim that wife shot and killed by her husband was used a "bait" to capture her husband. Arthurs v. Aiken County, No. 25331, 551 S.E.2d 579 (S.C. 2001). [2002 LR Jan]
     341:76 UPDATE: $26 million award against city for failure to protect woman against alleged murder plot by killers hired by her boyfriend overturned; no city policy alleged increased the danger to her, at most it left her in the same danger she was already in. Piotrowski v. City of Houston, No. 98-21032, 237 F.3d 567 (5th Cir. 2001), rehearing & rehearing en banc denied, 251 F.3d 729 (5th Cir. 2001).
     337:5 Family of woman killed by her estranged husband could assert a claim for violation of equal protection based on alleged failure to provide police protection because of gender, regardless of whether they could show that this failure helped cause the murder or indeed caused any actual harm at all; nominal damages could still be awarded if a constitutional violation without actual harm was proven. Macias, Estate of, v. Ihde, #99-15662, 219 F.3d 1018 (9th Cir. 2000).
     339:40 Federal appeals court sets forth legal test for an equal protection claim based on unequal protection given to victims of domestic violence, while holding that sheriffs and deputies were entitled to qualified immunity from liability for failure to prevent husband's abduction, rape, and shooting of his estranged wife, since the law was not previously "clearly established" on the subject; possible alternate ground for liability, however, might be based on ill-will towards victim as a "class of one." Shipp v. McMahon, #98-31317, 234 F.3d 907 (5th Cir. 2000).
     335:168 Police officers who forcibly broke down the door to a man's apartment without a warrant and entered to arrest him for domestic battery were entitled to qualified immunity; even though the facts did not adequately indicate the existence of exigent circumstances justifying a warrantless entry, they could reasonably have thought it did, based on a 911 call by a woman in the apartment which was twice disconnected. Sanders v. Marovich, 102 F.Supp. 2d 926 (N.D. Ill. 2000).
     326:24 Officer did not violate clearly established rights of husband by insisting, correctly, on estranged wife's right, under Florida law, to assistance in entering jointly owned home, from which she had been excluded by husband, in order to recover medications and other personal items. Montague v. Cooley, 735 So. 2d 511 (Fla. App. 1999).
     326:26 Detective exercised his discretion by deciding not to pursue investigation of alleged domestic violence until the following morning; city was not liable for facially neutral domestic violence policy when it could not be shown that woman, shot and killed by her ex-husband, had been treated differently than male victims of domestic violence. Williams v. City of Montgomery, Alabama, 48 F.Supp. 2d 1317 (M.D. Ala. 1999).
     327:37 Officer who left the scene after helping man retrieve his radio from ex-girlfriend's auto was not liable for subsequent alleged assault man committed on ex- girlfriend; no liability for inadequate training in absence of a showing of deliberate indifference. Soltis v. Kotenski, 63 F.Supp. 2d 187 (D. Conn. 1999).
     323:173 California appeals court rules that governmental immunity did not apply to failure to provide metal detectors in courthouse; surviving family of woman killed by her ex-husband in courthouse lobby could possibly sue county for failure to protect her against foreseeable risk of violence. Zelig v. County of Los Angeles, 86 Cal.Rptr.2d 693 (Cal. App. 1999).
     323:166 County could be liable for burning down of woman's house after officers failed to arrest her ex- husband who had allegedly just threatened to kill her in violation of a court order of protection; Tennessee Supreme Court finds that such orders impose a special duty to provide protection if relied upon, and that duty extends to protecting property. Matthews v. Pickett County, 996 S.W.2d 162 (Tenn. 1999).
     323:165 Police officers and city could be liable for violation of equal protection for failing to take immediate action at residence to which officers were summoned because of domestic disturbance; officers allegedly waited forty minutes before making forced entry into home, during which time husband allegedly fatally stabbed wife. Didzerekis v. Stewart, 41 F.Supp. 2d 840 (N.D. Ill. 1999).
     320:119 Officers were not entitled to qualified immunity for failure to make forced entry into woman's apartment after she made 9-1-1 call reporting her husband's attempt to murder her. Didzerekis v. Stewart, 41 F.Supp. 2d 840 (N.D. Ill. 1999).
     320:118 Federal appeals court rules that giving domestic violence 9-1-1 calls lower priority than other 9-1-1 calls may constitute an equal protection claim; finds that trial court did not adequately explore whether such a policy existed or whether it was rationally based. Fajardo v. County of Los Angeles, #96-55699, 179 F.3d 698 (9th Cir. 1999).
     309:133 Officer did not violate "clearly established" rights of ex-husband when ordering him to leave ex-wife's apartment under threat of arrest when ex-wife was only name on lease and she accused him of serious physical abuse; officer was entitled to qualified immunity despite fact that ex-husband lived there and ex-wife had not informed him that his name would not be on new lease she entered into. Miller v. Compton, 122 F.3d 1094 (8th Cir. 1997).
     308:125 Police chief's alleged failure to investigate minor females' charges that their father sexually abused them did not lead to federal civil rights liability, in absence
     of proof that he took this action with intent to discriminate against them as females, minors, or victims of domestic abuse. Hayden v. Grayson, 134 F.3d 449 (1st Cir. 1998).
     290:28 Michigan Supreme Court rules that police officer who arrived on scene of domestic disturbance in response to neighbors' 911 phone calls, but allegedly did not attempt to contact woman who neighbors stated had been attacked by her husband, was not liable for woman's death three hours later; no special relationship, imposing a duty of protection, existed between decedent and officer, as there was no direct contact between them White v. Beasley, 552 NW2d 1 (Mich 1996).
     296:116 Officers not liable for failure to arrest woman's husband for domestic abuse and his subsequent murder of her two children; even if officer's statement to husband revealing that wife had complained about him put the children in increased danger, there was no "clearly established" constitutional right violated, entitling officer to qualified immunity; appeals court also finds insufficient evidence of intentional gender discrimination to support equal protection claim Soto v. Flores, 103 F.3d 1056 (1st Cir. 1997).
     298:152 Officers were entitled to qualified immunity from liability on woman's claim that they were responsible for her ex- boyfriend's assault because they informed him two months earlier that her parking lot was under surveillance, thereby allegedly allowing him to avoid possible earlier arrest for vandalizing her auto and enhancing risk he would assault her Cook v. City of Groton, 952 F.Supp. 101 (D.Conn 1997).
     277:6 Police officer and Police Superintendent were not liable for husband's murder of his two children after his wife went to police station to report that he had assaulted her; failure to arrest husband did not cause children's murder and evidence was insufficient to show a policy of denying protection to female victims of domestic violence Soto v. Carrasquillo, 878 F.Supp. 324 (D.Puerto Rico 1995).
     279:37 City had a "special relationship" with female police officer ultimately shot and killed by her police officer husband after he repeatedly threatened to kill her, violated orders of protection, and she complained of these incidents to supervisory officials in the police department Sadrud-Din v. City of Chicago, 883 F.Supp. 270 (N.D.Ill. 1995). [Cross-reference: Governmental Liability: Policy/Custom]
     281:72 County denied summary judgment on claim that its policy for handling complaints of domestic violence by its deputies was different from policy stated in sheriff's department manual; suit against county based on deputy's shooting and killing of his ex-wife to proceed; "conspiracy" claim dismissed, however Rideau v. Jefferson County, 899 F.Supp. 298 (E.D. Tex. 1995).
     282:89 County could be sued for violation of equal protection for allegedly failing to provide adequate response to complaints by woman and her 12-year-old daughter of domestic violence; 12-year-old daughter had "domestic" relationship with 16-year-old boyfriend who sometimes slept in her bed at home and subsequently killed her; individual officers, however, were entitled to qualified immunity because of lack of "clearly established" case law concerning equal protection claims of domestic violence victims Hakken v. Washtenaw County, 901 F.Supp. 1245 (E.D. Mich 1995). [Cross-reference: Defenses: Qualified (Good-Faith). Immunity]
     284:117 Federal appeals court rules that evidence that 911 dispatchers treated domestic violence calls differently from other calls could be sufficient to show a county policy or custom regarding domestic violence which violated the right to equal protection of law; court reinstates lawsuit over estranged husband killing wife and four others after she made a 911 call which did not result in dispatch of police vehicle Navarro v. Block, 72 F.3d 712 (9th Cir. 1995). [Cross-reference: Governmental Liability: Policy/ Custom]
     285:135 Update: Federal appeals court, rehearing case en banc, rules that officer was entitled to qualified immunity in case where he allegedly assured woman that her ex-boyfriend would remain in custody overnight, but then charged ex-boyfriend with minor charges resulting in his immediate release and return to home to set fire that killed her three children; right to protection in these circumstances was not "clearly established" Pinder v. Johnson, 54 F.3d 1169 (4th Cir. 1995). [Cross- reference: Defenses: Qualified (Good-Faith). Immunity]
     286:151 Officer was entitled to qualified immunity for failing to gather evidence or aggressively investigate case in which woman stated she was held captive by estranged boyfriend for two days and repeatedly raped and physically abused; no "clearly established" law gave woman constitutional right to "quality investigation" of incident or to have officer "investigate a domestic assault as aggressively" as they might any other type of assault Lawson v. Garcia, 912 P.2d 1136 (Wyo 1996). [Cross-reference: Defenses: Qualified (Good-Faith). Immunity]
     266:22 Estate of woman killed by her husband after she had reported husband's abusive acts to police five times can sue city on allegation that it had a policy of treating domestic violence assaults differently than other assaults Cellini v. City of Sterling Heights, 856 F.Supp. 1215 (E.D. Mich 1994).
     267:39 Officers' failure to previously arrest husband for reported acts of harassment did not cause his later kidnapping and rape of estranged wife and murder of her mother; federal appeals court also rules that statistics showing that fewer arrests were made in domestic abuse cases than non-domestic cases did not establish an equal protection violation based on gender discrimination Ricketts v. City of Columbia, Missouri, 36 F.3d 775 (8th Cir. 1994).
     268:59 Allegation that officer declined to break into apartment to rescue minor girl from intruder who was raping her, despite her mother's pleas to do so, because he did not want to be liable for property damage stated claim against officer for willful and wanton negligence, intentional infliction of emotional distress, and gender discrimination Doe v. Calumet City, 161 Ill 2d 374, 641 N.E.2d 498 (1994).
     271:101 Officer could be sued on allegation that he assured woman that her ex-boyfriend, who had threatened the life of her and her children, would be held in custody overnight, but that he then charged boyfriend with only minor offenses which led to his immediate release and his return to woman's home where he set fire which led to all three children's deaths Pinder v. Johnson, 33 F.3d 368 (4th Cir. 1994).
     274:149 City was not liable for stabbing of woman by estranged boyfriend who escaped from officer attempting to arrest him pursuant to warrant for violating "no contact" judicial order Hameed v. Brown, 530 NW2d 703 (Iowa 1995).
     275:169 Illinois domestic violence statute creates a "special duty" to provide protection for persons possessing a court issued order of protection; law enforcement officers may be held liable for willful and wanton failure to provide such protection Calloway v. Kinkelaar, 633 N.E.2d 1380 (Ill App. 1994).
     275:171 Police department liable for $594,480 to surviving family of man shot and killed by off-duty officer angry that he was having an affair with officer's wife; suit claimed that department knew that officer had previously, while off-duty, beaten his own wife, but failed to take preventative measures to stem officer's "violent propensities" Thomas v. Los Angeles Police Department, No BC086856, LA Superior Court Glendale, May 18, 1995, reported in Los Ang. Daily Jour. (Verd. & Stl.), page 4, June 16, 1995
     Nebraska Supreme Court upholds dismissal of suit against city and officer by woman beaten again by her ex-husband after officer called to the scene allegedly assured her that he would be in the area to protect her; officer did not allegedly tell her it was safe to remain at home and complaint did not allege where else she might have gone Hamilton v. City of Omaha, 243 Neb 253, 498 N.W.2d 555 (1993).
     City liable for $12 million for abduction and rape of wife by estranged husband and his murder of wife's mother; suit alleged that city had an official policy of providing less protection to domestic violence victims than to other crime victims Ricketts v. City of Columbia, Mo, No 90-4099-CV-C-66BA, U.S. Dist. Ct., WD Mo, 7 Missouri Lawyers Weekly, No 14, p. 1-16 (April 5, 1993).
     Estate of woman beaten to death by her husband could not recover damages against city because of the failure of its officer to file written reports of earlier incidents of suspected domestic violence by the husband; failure to file reports could not reasonably be found to be the proximate cause of the death, Alabama Supreme Court rules Thetford v. City of Clanton, 605 So.2d 835 (Ala 1992).
     Plaintiff claims that police violated her rights by failure to arrest her husband in response to numerous complaints that he violated court protective orders and that his resulted in her husband stabbing her thirty-three times; court assesses possible liability of individual officers, granting some officers dismissal or qualified immunity, while denying it to others Eagleston v. County of Suffolk, 790 F.Supp. 416 (E.D.N.Y. 1992).
     Washington state statute created a mandatory duty for police to arrest an abusive boyfriend or spouse if he was present, but officers were not liable for boyfriend's later deadly stabbing attack on woman when he was not present to be arrested when they arrived on the scene, and woman declined their offer to take her to a shelter Donaldson v. City of Seattle, 829 P.2d 1125 (Wash App. 1992).
     Officers' failure to arrest woman's ex-boyfriend on battery warrant did not make them liable for his later shooting of her and her relatives when they voluntarily came into personal contact with the ex-boyfriend Mack v. City of Monroe, 595 So.2d 353 (La App. 1992). City and police officers were not immune from suit by domestic violence victim based on alleged year-long failure to enforce Washington state domestic violence act; statute provided immunity for good-faith actions, but not for failure to act Roy v. City of Everett, 823 P.2d 1084 (Wash 1992).
     Sheriff could not be held vicariously liable for his deputies' acts or omissions in failing to prevent estranged husband's stabbing to death of his wife; domestic protection order under New York state law did not, by itself, establish a special duty to protect the wife, but might when combined with officers' knowledge of order and a possible violation Berliner v. Thompson, 578 N.Y.S.2d 687 (A.D. 1992).
     Police officers had a duty to protect woman from her abusive husband because of court's protective order, but acted reasonably under the circumstances, when woman herself failed to report several incidents in which she was abducted Siddle v. City of Cambridge, Ohio, 761 F.Supp. 503 (S.D.Ohio 1991).
     City might be liable for failing to arrest husband before he killed his wife, if wife justifiably relied on police to obtain and execute an arrest warrant Berliner v. Thompson, 569 N.Y.S.2d 777 (A.D. 1991).
     Properly served domestic violence protective order created a constitutionally protected property interest in police protection; abused spouse could sue police department for due process violation Coffman v. Wilson Police Dept, 739 F.Supp. 257 (E.D. Pa 1990).
     Town liable for $275,000 for failure to protect woman against assault by her estranged husband, who shot her and her boyfriend and killed her six-year-old son; wrongful death award of $250,000 for the child's death, however, was excessive Raucci v. Town of Rotterdam, 902 F.2d 1050 (2nd Cir. 1990).
     Surviving family of woman killed by ex-boyfriend when she returned to crime scene while accompanied by police awarded $106 million for negligence Velez v. City of New York, 556 N.Y.S.2d 537 (A.D. 1990).
     Estate of wife shot by her estranged husband -- a deputy sheriff -- granted new trial on question of whether she had relied to her detriment on Sheriff's promise to protect her against spousal violence Braswell v. Braswell, 390 S.E.2d 752 (N.C. App. 1990).
     City could be sued for civil rights violation on basis of statistical evidence showing lower level of police response to female victims of domestic violence Hynson v. City of Chester, 731 F.Supp. 1236 (E.D. Pa 1990).
     Police department not liable for failing to send police escort home with husband who reported that his wife threatened to kill him there Nichols v. Nichols, 556 So.2d 876 (La App. 1990).
     Husband's request to officer to accompany him to house where his wife was in bed with another man did not create a duty for officer to protect wife from harm Zeagler v. Town of Jena, 556 So.2d 978 (La App. 1990).
     Police officer's failure to arrest ex-husband who allegedly raped woman was a discretionary act; neither officer or city was liable for failure to protect Howell v. City of Catoosa, 729 F.Supp. 1308 (N.D.Okl 1990). Woman stabbed by boyfriend after police answered domestic violence call but did not arrest him did not show equal protection violation McKee v. City of Rockwall, Tex, 877 F.2d 409 (5th Cir. 1989).
     Police officers have qualified immunity from equal protection claims when carrying out departmental domestic violence policy without overt gender discrimination Hynson v. City of Chester, 864 F.2d 1024 (3d Cir. 1988).
     City not liable for failure to protect children who were potential witnesses in sexual abuse case from murder by their father Coleman v. Cooper, 366 S.E.2d 2 (N.C. App. 1988).
     Sheriff's deputy not liable for removing children from parents' home without court order after investigation of sex abuse report Whitcomb v. Jefferson County Dept of Social Serv, 685 F.Supp. 745 (D.Colo 1987), reported in 1988
     Tenth circuit federal appeals court allows plaintiff to bring equal protection civil rights action over alleged failure to protect against domestic violence Watson v. City of Kansas City, 857 F.2d 690 (10th Cir. 1988).
     Ninth circuit court of appeals reinstates lawsuit claiming failure to protect woman against beating by husband Balisteri v. Pacifica Police Dept, 855 F.2d 1421 (9th Cir. 1988).