Background
Angela Prichard was stalked and harassed by her ex-husband for months despite multiple police reports and a restraining order. After she moved back home, her ex-husband killed her with a gunshot wound to the chest. Her family sued the City of Bellevue and three police officers, alleging that law enforcement failed to protect her from the violence.
The court’s reasoning
The court analyzed the federal claims under substantive and procedural due process. It found that the Constitution limits state power to act rather than guaranteeing safety from private actors. The court also determined that the Iowa statute governing no-contact orders did not create a legitimate claim of entitlement because officers retained discretion in assessing probable cause. Regarding state law, the court found no private right of action in the no-contact statute or the Municipal Tort Claims Act. The court also rejected claims under the Iowa Slayer Statute and for intentional infliction of emotional distress. Finally, the court affirmed the denial of the motion to amend the complaint as untimely and futile.
Courts cannot remedy every wrong.
Opinion at page 1
What it means going forward
The ruling reinforces that law enforcement generally has no constitutional or statutory duty to protect individuals from private violence, even when they have knowledge of specific threats.