WA State Supreme Court Rules Police Not Responsible for Your Safety

[Dain Bramage]

At least that's my take on their ruling today. This Everett Herald article says police not liable for family forced to shoot intruder. The 15 minute response time was deemed reasonable. I can understand the trauma they went through, but it beats being dead. I also think asking for $10mil was excessive.

So, in Washington state, don't "believe help from sheriff's deputies was just a 911 call away".

Edit: Upon further reading, it appears the 15 minutes was from start to shooting. It doesn't say how much longer the police took in getting there.

Police reaction lawsuit denied
The state Supreme Court says Snohomish County's response to a family's 911 call to report an intruder was not negligent after they filed a $10 million lawsuit.

By Scott North
Herald Writer

A lawsuit brought against Snohomish County by a family terrorized in 1999 when a deranged man broke into their home has been tossed out by the state's high court.

Robert Harvey had argued in court papers he was forced to shoot the intruder at his Seattle Hill-area condominium because of slow police response.

Lynnwood attorney Stephen Conroy in 2002 brought a $10 million lawsuit on the Harveys' behalf, alleging county leaders engaged in "reckless, negligent and perhaps criminal conduct" by allowing people to believe help from sheriff's deputies was just a 911 call away.

In this case, records show emergency dispatchers and Snohomish County Sheriff's Office deputies "seemed to have acted swiftly and effectively throughout the entire 15 minutes between the initial call and the shooting," Washington State Supreme Court Justice Tom Chambers wrote in an opinion issued Thursday.

The high court ruling comes after earlier decisions in state and federal courts dismissing other elements of the case.

The shooting occurred when a mentally ill man from Seattle showed up outside the Harvey home, his body coated in white paint.

The man was screaming that he was there to serve God, and he spent the next 15 minutes battering his way into the home. The intruder survived six gunshot wounds and was sent to prison for burglary.

The county argued that it was not at fault. An analysis of police response times by The Herald in 2003 found the average speed of Snohomish County's response to the most serious emergency police calls is on a par with neighboring King County.

Reporter Scott North: 425-339-3431 or [email protected].

 

[afsnco]

This one seems to be a sociocrat who had a close encounter with living in the real world.
- They call 911 and hope that the all-powerful government will come and rescue them.
- They shoot the perp when the calvary doesn't arrive in the nick of time.
- They sue the county because of the emotional distress they had to endure from shooting the perp, because their safety is the calvary's job, right?
- The perp survived 6 gunshot wounds? Sounds like a small caliber weapon in the first place. Maybe a .22?

 

[HankB]

A few thoughts . . .

1. BG shot six times and survives? What was Harvey using, a popgun?

2. Cops didn't arrest him, did they? It went down as a good shoot? So what's the beef with the cops? If he turned a garden hose on a brush fire threatening his home and extinguished it before the fire department arrived, would he sue the firemen? If he changed a tire himself before the motor club sent someone out, would he sue AAA?

3. Since he HAD a gun and was ready, willing, and able to use it, it's clear he wasn't depending on the cops for safety anyway . . . IMHO, and based on the first post, this situation is very much UNLIKE those instances of people who are effectively disarmed by local law and then victimized by the bad guys due to slow (or no) police response.

 

[Live Free Or Die]

I'm not aware of a single court decision ever finding that the police are responsible for your protection. I've heard numerous accounts where courts decided exactly as this court did though.

Bottom line: if a madman breaks into your house, you better have a gun in case the cops don't get there in time.

 

[Car Knocker]

I'm surprised the suit got as far as it did, considering the USSC ruling in Castle Rock v. Gonzalez last June.

 

[Powderman]

It took 15 minutes to cap this maniac off? My question is, why did they wait so long?

A naked guy in white paint banging on my door? He's OK, as long as he is OUTSIDE; I'll just fort up and call the local police.

Minute the door comes down, he gets the greeting of the day, which would probably be a man sized serving of Winchester 00 buck. 1 oz. slugs for dessert, if the main course is not sufficient.

 

[Frohickey]

Good lawsuit, for another state

I think that the lawsuit, which seeks to hold government liable for protection is a good one. It exposes the government and the legislature to the argument that they should not seek to control firearms or implements used for self defense.

But, since Washington state is already a Shall-Issue state, this lawsuit is wasted, unless the goal is to appeal this at least to the level of the 9th Circuit Court of Appeals at the federal level.

Then, maybe this lawsuit can be of use to the pro-RKBA forces in California.

 

[Boats]

It is my opinion, (not a legal opinion mind you), that this type of case should be Exhibit A in efforts to scrap CCW permitting systems and enshrine Alaska or Vermont unrestricted right to carry models into the law everywhere.

If the police have no duty to save one in a timely manner then it follows that they have no business regulating or charging fees for "licenses" on how, when, where, and with what, one may defend one's self.

 

[lee n. field]

Didn't anyone tell these people how much precident was against them? Or was their lawyer just soaking them?

BG shot six times and survives? What was Harvey using, a popgun?

The one firearm most likely for J. Random Household to have on hand is probably a .22 rifle.

I once spent the day (the whole day, because the HD in one of the two 911 consoles went down, and they didn't have software, drivers, etc. Uhhhhh. Not to be repeated.) in a 911 center. Occationally it was hectic, and there's a limited number of cops to cover what I got the impression was the low-life capital of NW Illinois. Do not be surprised if you don't get a cop in 5 minutes. There's a reason for that.

 

[Aguila Blanca]

Apologies up front, but my inner pedant won't let me rest if I don't correct this:

This one seems to be a sociocrat who had a close encounter with living in the real world.
- They call 911 and hope that the all-powerful government will come and rescue them.
- They shoot the perp when the calvary doesn't arrive in the nick of time.
- They sue the county because of the emotional distress they had to endure from shooting the perp, because their safety is the calvary's job, right?
- The perp survived 6 gunshot wounds? Sounds like a small caliber weapon in the first place. Maybe a .22?

"Calvary" is a hill in Jerusalem where it is reputed that a popular Jewish carpenter died a couple of thousand years ago.

"Cavalry" is a bunch of soldiers riding horses.

We now return you to your regularly-scheduled programming.

 

[Polishrifleman]

http://www.courts.wa.gov/opinions/?fa=opinions.opindisp&docid=765758MAJ

Here is the opinion and the 911 transcript. Still a lot of holes in this one even with a judgement. The article by the reporter is horribly written.

 

[afsnco]

Hawkmoon,

Mea maxima culpa.

 

[c_yeager]

Washington state is shall-issue, has no waiting period with permit, has always had a "stand your ground law", and isnt in the habit of prosecuting home owners for protecting themselves. This person's ability to defend himself was *not* in any way hampered by the state. This lawsuit was baseless from day one. The government doesnt (and sure as hell shouldnt) have the responsibility to babysit the citizenry.