town
castle
rock
colorado
gonzales
individually
next
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friend
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children
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et
argued
march
decided
june
respondent
filed
suit
alleging
petitioner
violated
fourteenth
amendment
due
process
clause
police
officers
acting
pursuant
official
policy
custom
failed
respond
repeated
reports
several
hours
estranged
husband
taken
three
children
violation
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order
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murdered
children
district
granted
town
motion
dismiss
en
banc
majority
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process
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colorado
statute
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legislature
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orders
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claim
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source
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law
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pp
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grant
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see
kentucky
dept
corrections
thompson
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circuit
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colorado
law
gave
respondent
right
police
enforcement
restraining
order
therefore
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pp
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law
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orders
appear
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law
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made
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tradition
police
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long
coexisted
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arrest
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morales
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mandate
police
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even
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require
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seek
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interest
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make
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contract
state
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entitlement
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importantly
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person
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contempt
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issued
civil
action
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request
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even
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demand
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pp
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interest
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process
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right
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people
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fatal
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process
claim
town
nursing
center
simple
distinction
government
action
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affects
citizen
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rights
action
directed
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party
affects
citizen
incidentally
provides
sufficient
answer
cases
finding
services
entitlements
pp
reversed
scalia
delivered
opinion
rehnquist
kennedy
souter
thomas
breyer
joined
souter
filed
concurring
opinion
breyer
joined
stevens
filed
dissenting
opinion
ginsburg
joined
town
castle
rock
colorado
petitioner
jessica
gonzales
individually
next
best
friend
deceased
minor
children
rebecca
gonzales
katheryn
gonzales
leslie
gonzales
writ
certiorari
appeals
tenth
circuit
june
justice
scalia
delivered
opinion
decide
case
whether
individual
obtained
restraining
order
constitutionally
protected
property
interest
police
enforce
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order
probable
cause
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violated
horrible
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case
contained
complaint
respondent
jessica
gonzales
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federal
district
case
comes
us
appeal
dismissal
complaint
assume
allegations
true
see
swierkiewicz
sorema
respondent
alleges
petitioner
town
castle
rock
colorado
violated
due
process
clause
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amendment
constitution
police
officers
acting
pursuant
official
policy
custom
failed
respond
properly
repeated
reports
estranged
husband
violating
terms
restraining
restraining
order
issued
state
trial
several
weeks
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divorce
proceedings
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form
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issued
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husband
june
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remain
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home
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en
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weeks
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children
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opinion
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tuesday
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respondent
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three
daughters
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home
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daughters
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noticed
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husband
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castle
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department
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officers
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officers
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tro
requested
enforced
three
children
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stated
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children
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home
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cert
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telephone
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children
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husband
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refused
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said
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midnight
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midnight
told
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children
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missing
went
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apartment
finding
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called
police
told
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officer
arrive
none
came
went
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station
submitted
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report
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took
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made
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effort
enforce
tro
locate
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children
instead
went
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approximately
respondent
husband
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station
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fire
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handgun
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back
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inside
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three
daughters
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ibid
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brought
action
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stat
claiming
town
violated
due
process
clause
police
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policy
custom
failing
respond
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complaints
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order
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orders
police
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app
pet
cert
complaint
also
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town
actions
taken
either
willfully
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gross
negligence
indicate
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disregard
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indifference
respondent
civil
rights
ibid
answering
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defendants
filed
motion
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rule
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granted
motion
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process
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en
banc
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protected
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terms
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town
deprived
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process
police
never
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request
enforce
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interests
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order
granted
certiorari
ii
fourteenth
amendment
constitution
provides
state
shall
deprive
person
life
liberty
property
without
due
process
law
amdt
congress
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cause
action
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process
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orders
appeals
recognized
left
similar
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deshaney
winnebago
county
dept
social
another
case
undeniably
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facts
local
officials
failed
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young
boy
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claim
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regents
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colleges
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paul
davis
quoting
roth
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also
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washington
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foundation
cases
recognize
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officials
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grant
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see
kentucky
dept
corrections
thompson
appeals
case
determined
colorado
law
created
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specifically
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entitlement
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quoting
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tenth
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relevant
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within
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phillips
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per
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think
deference
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tenth
circuit
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colorado
district
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upon
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texts
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state
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law
cases
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orders
appeals
relied
upon
decisions
federal
district
courts
ohio
pennsylvania
state
courts
new
jersey
oregon
tennessee
moreover
simply
accept
appeals
conclusion
necessarily
decide
conclusively
federal
constitutional
question
whether
entitlement
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petitioner
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follows
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stat
lexis
emphases
added
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rendered
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aba
standards
criminal
justice
commentary
pp
ed
footnotes
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nature
discretion
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mandatory
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commands
illustrated
chicago
morales
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officer
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hand
possibility
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emphasis
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mandate
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cf
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seattle
app
vast
difference
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rev
stat
lexis
peace
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roth
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post
souter
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judge
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government
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various
legitimate
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sandin
conner
finding
constitutionally
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phrased
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uch
guidelines
set
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solely
benefit
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serving
public
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ends
normal
course
criminal
law
criminal
acts
besides
injury
individuals
strike
society
possibly
subsist
actions
sort
suffered
escape
impunity
blackstone
commentaries
laws
england
see
also
huntington
attrill
principle
underlies
example
colorado
district
attorney
discretion
prosecute
domestic
assault
even
though
victim
withdraws
charge
see
people
cunefare
bender
concurring
part
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