Expert answer:Officer liability under Illinois Domestic Violence
Expert answer:Read
the following case summary. Jill
Burella repeatedly reported serious and significant incidents of abuse by her
husband, a local police officer, over the years. The local police witnessed
many instances of the husband’s attacks on her. The police also put the husband
in a psychiatric hospital and submitted him to counseling. Jill obtained many
restraining orders, several acquired just days before the shooting which took
her life. The ex parte protection orders issued under the State’s Protection
from Abuse Act provided that the officers SHALL arrest the defendant if he
fails to comply with the terms of the protective order. He was also ordered to
relinquish all guns but his service weapon. The police were extremely aware of
the situation; however, they did not arrest him when they learned of his violation
of the restraining order. The husband killed her with his service revolver. Did
the officers have a duty under due process (substantive and procedural) to
protect her. Discuss the liability of the officers under the Constitutional substantive and procedural due process theories as explained in DeShaney and Castle Rock and analyze the claims under the Illinois Domestic Violence Act
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