Um, you can't sue a "police department" when an officer's conduct is in question. The parents would have no standing to sue under any Maryland or Federal Statute.
How many calls do you think the police get about children playing in a park by themselves? I'm not saying the police have to or should pick them up either. I was giving a response to your specific suggestion.
Sure you can. It happens all the time as is the case in South Carolina right now. I'm not saying they will win but you can sue a police department whenever you want.
I bet they get calls a lot from helicopter parents who are just bored. Guess it would just be hard to determine when there's an issue and when there's not considering all the other more important calls the cops get.
Walter Scott’s family plans to file a lawsuit (a wrongful death and civil rights violation lawsuit) against the city of North Charleston, its police department and police officer Michael Slager, who fatally shot Scott while he was running away from the officer.
Notice that the officer is being sued. Notice that the officer, after being charged with murder, is assumed to have acted with malice.
You are trying to compare 2 different things. If you think a police department would be sued because the officer let 2 kids play in a park, you're being dishonest or don't understand the law. So again, the parents would have no standing to sue anyone in this scenario. I've already reference the relevant MD statute and Supreme Court Decisions.
There is no law that is the issue here. I don't know why people keep saying there is.
The issue here is that the police and CPS are acting inappropriately.
Here is a good article on the topic. Note that nobody is actually being prosecuted for this.
That's not what I said at all. I said if the cop was called out by dispatch due to a call regarding these kids playing unsupervised and he did nothing and then they were both abducted or killed, the parents have a case and most likely would file a lawsuit against the PD.
Sure they would have a case.
In Fried v. Archer (Court of Special Appeals of Maryland), a teenage girl, Sarah Fried, who had been drinking with a group of boys was subsequently molested and assaulted by them in the woods behind a house on a night of cold, inclement weather. One of the boys anonymously called 911 to report the girl’s location and request help. The 911 dispatcher gave the wrong address to the police officer, who was unable to find the girl. The girl died overnight from exposure, and her mother sued the county and its employees.
The Maryland court ruled here, and in a companion case involving domestic violence, that 911 operators generally owe no tort duty for the negligent performance of their duties to individuals who need 911 services because there is no special relationship between the operators and those persons. The court specifically noted the limitations of the public-duty doctrine, which recognizes that public officials cannot foresee the harm that may come to individuals in every given situation.
As a parent, I try to balance giving my child the freedom to make choices and balancing their safety.
I for one, want to let them play, enjoy themselves and learn how to deal with society as an individual without my protection but at the same time I have to judge their character.. you should know your own children best.
Are they smart enough to understand a dangerous situation? Are they well behave and respectful? Will they be with other children who are good kids that make good decisions. I mean, there are just so many things you have to think about and judge but at the end.. .it should be the parent's decision. Hopefully the parents aren't dumb asses.
:toast:
I for one, want to let them play, enjoy themselves and learn how to deal with society as an individual without my protection but at the same time I have to judge their character.. you should know your own children best.
Are they smart enough to understand a dangerous situation? Are they well behave and respectful? Will they be with other children who are good kids that make good decisions. I mean, there are just so many things you have to think about and judge but at the end.. .it should be the parent's decision. Hopefully the parents aren't dumb asses.
:toast:
