Police not responsible for woman's murder

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The 7th Circuit Court of Appeals affirmed the dismissal of a woman's lawsuit against Vanderburgh County officials following the death of her daughter because there isn't a federal constitutional right to be protected by the government against private violence when the government isn't complicit.

In Christine Sandage, et al. v. Board of Commissioners of Vanderburgh County, et al., No. 08-1540, Christine Sandage sued county officials after her daughter and two other people were murdered by Travis Moore, who was on work release at the time. Moore then killed himself. Moore had been serving a four-year sentence for robbery and was in the custody of the Vanderburgh County Sheriff's Department.

Sandage's daughter, Sheena Sandage-Shofner, had complained twice to the sheriff's department that Moore was harassing her. The suit claims the department's failure to revoke Moore's work-release privileges and put him back in prison deprived the victims' of their lives without due process of the law.

The federal appellate court affirmed the District Court's dismissal of the suit because there isn't a federal constitutional right for people to be protected by the government from private violence in which the government isn't associated with or participating in the violence. The 7th Circuit cited several cases to support its ruling, including Bowers v. DeVito, 686 F.2d 616, 618 (7th Cir. 1982), and DeShaney v. Winnebago County Dept. of Social Services, 489 U.S. 189 (1989).

To have an enforceable federal constitutional right to provide a service such as protection against violence would be impractical and the federal courts would have to decide how much money must be appropriated for police, prosecutions, and prisons; minimum length of state prison sentences; when prisoners should be allowed to be on work release; and other issues, wrote Judge Richard Posner.

The plaintiffs' cite Monfils v. Taylor, 165 F.3d 511 (7th Cir. 1998), in which Monfils had tipped off the police to a thief at his job but begged the police not to release the recorded telephone call or else the thief would recognize his voice. The police agreed to not release the tape, but one officer gave a copy to the thief after he requested it; the thief then killed Monfils. The officer didn't know there had been an agreement not to release the tape. The 7th Circuit in that case upheld a jury verdict in favor of the plaintiff because Monfils would have been safer before the police released the tape, wrote Judge Posner.

"In this case, in contrast, the danger was created by Moore, and by Moore alone; the defendants merely failed to take any steps to reduce the danger," he wrote. "They failed in their moral duty to protect members of the public from private violence, while the police in Monfils took a step - releasing the tape - that either created or greatly increased a danger of private violence."


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...