Kenosha police sued by family of man allegedly shot by Kyle Rittenhouse

[LumRaiderFan]

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smh, always the police's fault.

[tvc184]

I believe the US Supreme Court case of Castle Rock v. Gonzalez has already settled that issue. In a 7-2 decision they said that you cannot sue a city or Police Department for failure to act unless there’s a specific law that requires that action.

I believe an example would be under Texas law where almost every legal arrest is voluntary or discretionary by the police. There are almost no mandatory arrests however there are a couple such a violation of a protective order. A protective order which some people mistakenly  call a restraining order, is an order by a judge telling someone not to approach somebody, speak with them, make threats, etc.. Usually it is used in situations such as domestic violence. Typically such an order will come after for example a man beats up his girlfriend. If a judge issued such a protective order and a police officer in Texas witness a violation of that order, it is a mandatory arrest.

Where this happened the state law just like Texas, is an open carry state for rifles. There is no such thing as a mandatory arrest in that case because the rifle  is legal. Even if it was not legal, there would need to be a law that says the police have to arrest everyone they see with a rifle.

The lawsuit makes the accusation of a conspiracy. I believe for such a lawsuit to be successful they are going to have to prove that the police made a deal with certain people to carry rifles and go out and take care of certain  individuals. I highly doubt that the police made some kind of a back room deal with people on the street.

I think this is a deep pockets case. The lawsuit was filed in hopes that the city will simply settle out of court, even if the law exonerate them, to not have to pay for a lengthy court fight.