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Supreme Court might hear restraining order question

In a case that could open the door to lawsuits against local governments across the country, a Colorado woman is asking the U.S. Supreme Court to back her $30-million lawsuit claiming police didn't do enough to prevent her estranged husband from killing their three daughters.

Jessica Gonzales contends police in the community of Castle Rock ignored her calls for help after Simon Gonzales took the girls - ages 10, 9 and 7 - from her yard in June 1999 in violation of a restraining order she obtained as part of her divorce.

Several hours later, Simon Gonzales fired shots through a police station window. He was killed in the resulting gunfight, and officers found the girls' bodies in his pickup.

At issue in the Supreme Court appeal is whether the 14th Amendment obligates police to protect residents from violence when a local government issues a restraining order and promises it will be enforced. Oral arguments are scheduled for Monday.

Gonzales' federal court lawsuit was dismissed in 2001, but it was reinstated by the 10th U.S. Circuit Court of Appeals, which said police had a duty to respond to her calls for help. In Colorado and about 20 other states, law enforcement agencies are required to enforce restraining orders.

[Last modified March 20, 2005, 01:09:07]