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Understand the limitations of lawsuits brought against states and their officers.
12. According to Pinder v. Johnson, involving a lawsuit by a mother against a police officer and others for the death of
her children in a fire:
public officials owe private citizens the right to protect them from one another.
a violation of clearly established law is not recoverable.
the due process clause does not require government actors to affirmatively protect life.
an affirmative duty to protect life can never arise on the part of government officials.
Law Enforcement Duty to Protect
CRPR.SAMA.18.11.06 – Understand that the Constitution places no duty on officers to
protect individuals from each other, and that it doesn’t create a right of private parties to sue
officers for failing to prevent crime. Understand the “special relationship” and “state-created
danger” exceptions to the no-duty-to-protect rule.
13. According to Pinder v. Johnson, involving a lawsuit by a mother against police officers and others for the death of her
children in a fire:
the due process clauses create an official duty to protect life.
a duty to protect life can arise when the state restrains citizens from acting on their own behalf.
an affirmative duty to protect life can never arise on the part of government officials.
government action can never create a duty to protect life.
Law Enforcement Duty to Protect
CRPR.SAMA.18.11.06 – Understand that the Constitution places no duty on officers to
protect individuals from each other, and that it doesn’t create a right of private parties to sue
officers for failing to prevent crime. Understand the “special relationship” and “state-created
danger” exceptions to the no-duty-to-protect rule.
14. What kind of immunity do judges have from civil lawsuits for actions they take while performing their official judicial
duties?