Dave, are you taking over for CL? How did you get so schooled on legal arcana like this? Good for you though.If police don't have a duty to protect, do they have ANY duty associated with their job? If they don't have some duty to act, then they shouldn't be licensed to carry weapons based on their job.Maybe this case will get to SCOTUS, who will affirm in favor of the police. This SCOTUS has an intense hostility toward the general public. Can't imagine them ruling against police.But BK is right to focus on the immense level of incompetence shown with this particular episode.
Interesting call, G. "There's a mass shooter killing kids in that school. I quit my job as of NOW".
I wish that such a ruling had been in place when I was at work. I'm in the ER and there's a Nazi asking for care. I quit. But I'd be happy to be rehired in the morning.
But you're right. I'd be guilty of malpractice and abandoning my position in the ER. But maybe still no LEGAL penalty.
Is there "malpractice" obligation for police? These guys certainly failed to do their duty.
I'll let BK carry the ball for us here on the anger issue. He's been there; he's earned the right to be righteously pissed, maybe a little embarrassed knowing that these are law enforcement kin. I'll take the hit for shitty doctors.
An answer, not THE answer to the issue of asking a police officer to lay down their life is that that what they were hired to do. Among other duties. The police officer knew going in that danger might arise at some time, even in Mayberry.
This is a reason why I think that killing a cop is a worse crime than killing a civilian. WE hired THEM to potentially take a bullet for US. Killing one should carry a stiff penalty. I recall a heated argument years ago with my dad over this. But I remain adamant that police killings are different, given their duty. But these guys abrogated their duty. The best that can be done is loss of job and loss of respect. Become a Wal-Mart greeter.