In March, the U.S. Supreme Court heard arguments in a case brought by Jessica Gonzales against the city of Castle Rock, CO. Cert. granted by
Supreme Court to Decide Limits of Law Enforcement Liability in Domestic Case
In March, the U.S. Supreme Court heard arguments in a case brought by Jessica Gonzales against the city of Castle Rock, CO. Cert. granted by <i>Town of Castle Rock v. Gonzales</i>, 160 L. Ed. 2d 316 (U.S. 2004). This civil rights case, which is being watched closely by municipal governments and women's rights advocates nationwide, asks whether a court-issued domestic restraining order, whose enforcement is mandated by a state statute, creates a property interest protected by the due process clause of the Fourteenth Amendment. The district court held it does not, and dismissed the action under Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief could be granted.
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