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Violence Against Women

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katherine shinno

on 24 July 2014

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Transcript of Violence Against Women


Case Facts
Final Thoughts
Plaintiff: Jessica Gonzales

Defendant: Castle Rock, Colorado and its Police Department
Simon Gonzales, Jessica's estranged husband, and their three daughters were also involved.

Jessica Gonzales, a resident of Castle Rock, Colorado, requested a restraining order against her husband Simon, who had tried hanging himself in front of their children.
The restraining order required him to stay at least 100 yards from her and her four children.

Simon, Jessica's ex-husband, illegally abducted their three girls and went against the restraining order.
Jessica frantically called the Castle Rock police, to search for them, but they didn't seem too concerned.
What (continued)
At 3:20 am, Simon drove to the police station and started shooting.
The police shot and killed him in response.

When searching through Simon's car, the police found the three daughters in the trunk.
Each one had been shot in the head several hours before.
Jessica filed suit against Castle Rock and the police station on the grounds of failing to respond properly to complaints of restraining order violations.
May 21, 1999: Jessica issued a temporary restraining order against her husband.
June 4, 1999: The order was served to Simon.

June 22, 1999: Simon abducted the three girls and Jessica called the police to ask for their help, but she was ignored. The police killed Simon and the girls' bodies were found.
Argued on March 21, 2005
Decided on June 27, 2005
Jessica Gonzales called the police to her house in Castle Rock, Colorado.
Jessica called the police because she knew how unpredictable Simon was and that something bad was going to happen to her girls.
The police were forced to shoot Simon since he began to shoot at them first.
This has been the most recent case in a line of high-profile cases
such as DeShaney v. Winnebago County
where "lawsuits against governmental entities for failure to prevent harm to an individual were dismissed"
The Supreme Court ruled on a 7-2 vote against Jessica Gonzales that her claim was not legitimate.
The ruling expressed that Castle Rock, Colorado and its police department could not be sued for failure to enforce a restraining order against a person's husband.
Enforcement of a restraining order does not establish a "property" right for 14th Amendment purposes.
Jessica Gonzales' claim was legitimate.
Extra Notes
Brianne Low
Katherine Shinno

Castle Rock
v. Gonzales
1) "CASTLE ROCK v. GONZALES." Castle Rock v. Gonzales. N.p., n.d. Web. 23 July 2014.
2) "CASTLE ROCK V. GONZALES." CASTLE ROCK V. GONZALES. N.p., 21 Mar. 2005. Web. 21 July 2014.
3) N.p., n.d. Web. <https%253A%252F%252Fwww.aclu.org%252Fwomens-rights%252Faclu-disappointed-supreme-court-ruling-domestic-violence-orders-protection>.
4) "Gonzales Vs. Castle Rock." CBSNews. CBS Interactive, n.d. Web. 22 July 2014.
5) "Jessica's Story." Jessica's Story. N.p., n.d. Web. 21 July 2014.
6) "Town of Castle Rock v. Gonzales." The Law School Guys. N.p., n.d. Web. 21 July 2014
7) "Castle Rock v. Gonzales." Wikipedia. Wikimedia Foundation, 07 Oct. 2014. Web. 20 July 2014. <http://en.wikipedia.org/wiki/Castle_Rock_v._Gonzales>.
8) http://img.photobucket.com/albums/v99/smallestminority/Restrainingorder.jpg
9) http://www.coloradorealestatehomesource.com/artman/uploads/1/Police_Department__Castle_Rock__CO.jpg
10) https://c2.staticflickr.com/6/5147/5791603395_905072f920_z.jpg
11) http://www.law.columbia.edu/ipimages/Communications/Press%20Releases%2008/Gonzales076Jessica.JPG
12) http://www.jessicagonzalesvsunitedstates.com/About_the_Film_files/Newspaper%20collage%20build%204.jpg
13) http://law2.umkc.edu/faculty/projects/ftrials/conlaw/jgonzales.jpg
Simon must have been sad, confused, and mentally ill to abduct and murder his own children.
This might have come from the fact that he was rejected from his own household earlier that year.
Simon took their daughters to an amusement park in Denver called Elitch Gardens.
After the park, Simon shot the girls and then was killed at the Castle Rock Police Station.
Jessica filed suit in the United States District Court for the District of Colorado.
This case was very important in many ways.
It demonstrated that police have the ability to ignore restraining orders.
Since the government did not protect the three girls, this shows that other men with restraining orders would not have to fear the consequences of their actions.
Therefore, because of this case, the lives of other women and people will be threatened.
Castle Rock v. Gonzales has also been used by gun rights advocates in the United States to "add additional support to the self-defense argument for private gun ownership."
Putting aside the question if Colorado police were obligated to arrest Simon, Justice John Paul Stevens thought that the court should have:
deferred to the 10th Circuit court ruling or
certified the question to the Colorado Supreme court rather than decide the issue itself.
Dissenting Opinions
Castle Rock v. Gonzales addressed the "Due Process Clause" of the 14th Amendment.
14th Amendment
"No state shall make or enforce any law "which shall abridge the privileges or immunities of citizens of the United States;
nor shall any state deprive any person of life, liberty or property, without due process of law."
Section 1
The 10th Circuit Court ruled that she had a "protected property interest in the enforcement of the terms of her restraining order."
Full transcript