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Chazz

Criminal/Legal Question

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(Warning: The following story is long, strange, and stupid. However, I have to tell it in order to ask my question. Read on if your still interested.)

 

 

 

At my job the other day a co-worker was telling me a story on our lunch break in which he had some kind of verbal altercation with his next door neighbor. Apparently sometime during this altercation the neighbor threatened to set his house on fire in the near future. My co-worker claims that he isn't physically afraid of this man, but says he thinks the man is crazy enough to follow through on his threat when he is sleeping or not at home. I asked him if he was going to file a report with The Police Dept. He said he was going to after work, but he realized that they probably weren't going to do anything with it, especially since there weren't any witnesses around when the guy issued the threat. He then stated after he filed the complaint he was going to request The Police for protection during the nightime hours. (I guess he said he has another neighbor watching his house when he's not home during the day. Hopefully that guy isn't crazy.) I tried not to laugh in his face as I told him that unless he was a very rich V.I.P., or he was a key witness in a federal trial for The Governement against The Mafia, he probably wouldn't get protection. The co-worker than started ranting and raving that he pays his taxes in order to have police stations and that it shouldn't matter if he isn't a V.I.P. or not. He said he life was threatened and that it was the responsibility of The Police Dept. to protect and serve. I told him I hear what he's saying, but that's pretty much the way it is. He then said if something happens to either him or his house, he would be filing a lawsuit against the Police Dept. Now I wouldn't think a lawsuit like this would have any legs in court, but I have seen some stupid cases make it to trial over the past couple of years. Then again I'm obviously no legal expert. Is there anyone who may know if the guy would have a valid case against The Police Dept. if the above happened? Feel free to speculate even if you don't know. Thanks.

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If he files a report that his neighbor threatened to burn his house down and requested surveillance to make sure that his neighbor didn't follow through, and then the neighbor DOES burn the house down? Then your co-worker has a case. Police negligence, I believe. If you file a report that you feel your life is in danger and the police do nothing about it, then they are held responsible should something happen to you.

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Guest Agent of Oblivion

As much as I hate cops, this would just prove that point.

 

Also, where do you live? If it's Podunk, Arkansas, they might be bored enough to cruise by at 2 AM, if it's Los Angeles, I'm surprised they didn't laugh in their face.

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It might as well be Podunck, Arkansas. He lives In Delmont, PA, and I live in an even smaller town named New Alexandria, PA.(A whopping 15 minute time distance from each other.) Both are located about 30-35 miles east of Pittsburgh. (Go Steelers!) The co-worker did bring up about how he should get protection overnight due to the fact that Delmont is a small town with little or no criminal activity, unlike N.Y., L.A., or even The'Burgh. I told him I once again agree with what he was saying, but that fact alone may work against him. A lot of small towns have either a skeleton crew working the graveyard shift or no mid. shift at all. I could see the Delmont Police telling him that they'd keep an eye out for him, but they couldn't afford to post an officer or two outside his house all night on a threat that may never happen. He insisted that was The Delmont Police Dept.'s problem. I shall see shortly how this thing plays out.

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If he files a report that his neighbor threatened to burn his house down and requested surveillance to make sure that his neighbor didn't follow through, and then the neighbor DOES burn the house down? Then your co-worker has a case. Police negligence, I believe. If you file a report that you feel your life is in danger and the police do nothing about it, then they are held responsible should something happen to you.

Assuming you're not in Indianapolis, this is probably wrong. The paradigm case on this sort of thing is Riss v. New York, which has been adopted in most states. If, hypothetically, the police did decide to grant protection, there might be a claim, but the case law on that basically just serves to encourage police departments not to agree to perform a specific function like that.

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He doesn't have a case. First off, there's a question as to whether he could even bring a lawsuit in the first place, because police and a few other government officials have some degree of immunity to civil lawsuits. But regardless, if he filed a complaint, all the police are really obligated to do is to investigate the complaint, which would pretty much be little more than talking to this crazy neighbor to see what the hell is up with him. Your friend isn't owed police surveillance of his property, that's not a right that's just handed out to people. Sometimes it's given to informants or witnesses or potential crime victims, etc., but that's when there's a risk of serious injury or death to a PERSON, not potential loss of property.

 

Ace is right in that if this was a situation where the police did, for some reason, grant protection, but didn't follow through or half-assed it, MAYBE your friend would have a claim. But know, the police don't owe that sort of burden to someone. It's actually something of an unreasonable request to make to the police.

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Damn, Czech, you have more time on your hands than I do. I guess I should be very flattered that someone cared enough to look up all my past postings. However, If my topics disinterest,bore, or scare you so much, why do you still bother to read and give your thoughts on them every time I post one of my "ridiculous" threads?

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Damn, Czech, you have more time on your hands than I do.

Why, with all that extra time, you could get into even more legal conundrums

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I told my friend this week that the police were not legally obligated to provide protection for him. He Is now actually thinking of hiring a personal security guard to watch his house at night. However, he Is not sure he can do that. Does anybody here know If a security guard and patrol service co. would lend out a guard or two to watch someone's personal property? Also, does anyone know what they may wind up costing him If he ends up going that route? As usual, even if you don't know, speculation is welcome. thanks.

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