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Castle Rock v. Gonzales

Docket No.: 04-278
Certiorari Granted: Nov 1 2004
Argued: March 21, 2005
Decided: June 27, 2005

Topics:

Due Process, Miscellaneous, Civil Rights Act, Federal Tort Claims, Fourteenth Amendment, Medicaid, absolute immunity, judicial review, murder, probable cause, property rights, public education, public schools

PartyNames: Town of Castle Rock, Colorado v. Jessica Gonzales, Individually and as Next Best Friend of Her Deceased Minor Children, Rebecca Gonzales, Katheryn Gonzales, and Leslie Gonzales
Petitioner: Town of Castle Rock, Colorado
Respondent: Jessica Gonzales, Individually and as Next Best Friend of Her Deceased Minor Children, Rebecca Gonzales, Katheryn Gonzales, and Leslie Gonzales

Court Below: United States Court of Appeals for the Tenth Circuit
Citation: 307 F3d 1258
Supreme Court Docket

Town of Castle Rock, Colorado
v.
Jessica Gonzales, Individually and as Next Best Friend of Her Deceased Minor Children, Rebecca Gonzales, Katheryn Gonzales, and Leslie Gonzales
545 U.S. 748 (2005)
Question Presented:

1. Whether, in conflict with decisions of the Sixth, Seventh, Eighth, and D.C. Circuits, the Tenth Circuit's decision permitting a procedural due process claim against a local government for its failure to protect the holder of a partial restraining order from private violence, when the State itself provides no such remedy, so circumvents as to effectively repudiate this Court's holding in DeShaney rejecting a similar substantive due process claim? 2. If the Fourteenth Amendment's Due Process Clause is read to permit, via its procedural aspects, the same substantive claims already rejected by this Court in DeShaney, what kind of process is required for police inaction with respect to a partial restraining order not to violate the constitution?

Question:

Can the holder of a restraining order bring a procedural due process claim against a local government for its failure to actively enforce the order and protect the holder from violence?

Castle Rock v. Gonzales
ORAL ARGUMENT

March 21, 2005

Holding: reversed
Vote: 7-2
Opinion By:
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