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Administrative Law Keyed to Schwartz
Castle Rock v. Gonzales
Citation:
545 U.S. 748 (2005)Facts
Jessica Gonzales obtained a restraining order against her estranged husband during divorce proceedings. The order prohibited him from “molesting or disturbing the peace” of Gonzales or their children and required him to remain at least 100 yards from the family home. On June 22, 1999, Gonzales’s husband took their three daughters (ages 10, 9, and 7) while they were playing outside the family home, without advance arrangements for visitation. Gonzales called the Castle Rock Police Department multiple times over the course of the evening, showing officers the restraining order and requesting enforcement. Despite her repeated calls at 7:30 p.m., 8:30 p.m., 10:10 p.m., midnight, and 12:10 a.m., police took minimal action, telling her to wait and see if her husband returned the children. At 12:50 a.m., Gonzales went to the police station and filed an incident report. At approximately 3:20 a.m., her husband arrived at the police station and opened fire with a gun. Police returned fire, killing him, and subsequently discovered the bodies of all three daughters in his truck, whom he had already murdered.
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