We Have a “Duty” to Submit; They Have No Duty to Protect:
It is a long-established principle that police officers and the agencies employing them face no specific or institutional liability when they fail to protect individuals from acts of criminal violence. Brittany Irish’s ordeal resembles that of the victims in the pivotal 1981 decision Warren v. District of Columbia in which the D.C Court of Appeals ruled that it is a “fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen.”…
If Brittany Irish had been pulled over by a state trooper who demanded to search her vehicle and person for drugs or cash, she would have been under a state-prescribed duty to submit. This is the kind of “general public service” the police are expected to provide – or, more accurately, to inflict. She cannot opt-out of that “service” without being arrested and possibly killed by those providing it. Those same agents of state-authorized violence, however, opted out of helping Brittany when she and her family needed protection.
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