Castle Rock v. Gonzales
What's at Stake
Reviewing whether a woman whose three children were killed after being abducted by her estranged husband can raise a procedural due process claim based on the Town of Castle Rock's failure to enforce a protective order despite Colorado's mandatory arrest law. DECIDED
Summary
This case raises an issue of critical importance to victims of domestic violence. The plaintiff's three children were taken from her home by her estranged husband in violation of a protective order. She immediately alerted the police and then repeatedly renewed her request for assistance over the next several hours. Despite her pleas, the police made no effort to locate the children or enforce Colorado's mandatory arrest law. The children were killed later that night, and plaintiff sued the Town alleging that she was entitled, at the very least, to the Town's reasoned consideration and an explanation for its inaction as a matter of procedural due process. The Tenth Circuit agreed in an en banc opinion, which the ACLU has supported in its amicus brief.
Legal Documents
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12/28/2005
Town of Castle Rock v. Gonzales - Exhibit A: Temporary Restraining Order (May 21, 1999)
Date Filed: 12/28/2005
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03/08/2005
Castle Rock v. Gonzales Brief of Amici Curiae National Network to End Domestic Violence, et al.
Date Filed: 03/08/2005
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03/08/2005
Castle Rock v. Gonzales Brief of Amici Curiae National Black Police Association, et al.
Date Filed: 03/08/2005
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03/08/2005
Castle Rock v. Gonzales Brief of Amici Curiae National Association of Women Lawyers, et al.
Date Filed: 03/08/2005
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03/08/2005
Castle Rock v. Gonzales Brief of Amici Curiae International Law Scholars, et al.
Date Filed: 03/08/2005
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03/08/2005
Castle Rock v. Gonzales Brief of Amici Curiae National Coalition Against Domestic Violence, et al.
Date Filed: 03/08/2005
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02/15/2005
ACLU Amicus Brief in Town of Castle Rock v. Gonzales
Date Filed: 02/15/2005
Press Releases
Mother of Slain Children Takes Case to International Tribunal
ACLU Disappointed with Supreme Court Ruling on Domestic Violence Orders of Protection
ACLU Urges Supreme Court to Hold Police Accountable for Enforcing Restraining Orders