The Genocide of Battered Mothers and their Children

Is Topeka Kansas in Violation of the 14th Amendment?

In domestic law on October 10, 2011 at 10:24 pm

U.S. Constitution: Fourteenth Amendment

Fourteenth Amendment – Rights Guaranteed Privileges and Immunities of Citizenship, Due Process and Equal Protection

nor deny to any person within its jurisdiction the equal protection of the laws.

Could not Tracey Thurman’s case be applied in Topeka?  Or maybe a similar lawsuit contending some of the same, but instead of suing the police dept. sue the county or the state for the same 14th Amendment violations.

In 1984, Tracey Thurman sued the City of Torrington, Connecticut, and 24 of its police officers for their failure to arrest her violent and estranged husband, Charles “Buck” Thurman.

In her legal suit, Tracey claimed a violation of her constitutional rights, as set forth in various constitutional amendments, but mainly the Fourteenth.  The Fourteenth Amendment states, in part, “nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Tracey Thurman alleged that by following a policy of not arresting abusive husbands or boyfriends, Torrington police failed to provide the same protection for abused wives and children as they provided for victims of similar assaults outside a domestic relationship.

*** In a landmark decision the court agreed, ruling that officers could indeed be held accountable for violating the rights of battered women.

The court awarded Tracey Thurman $2.3 million in compensatory damages.  Shortly after this court decision, the Connecticut legislature adopted a more comprehensive domestic violence law. In the twelve months after the new law took effect, the number of domestic violence assaults reported increased by 92 percent! (In the first 12 months following the new law, arrests for domestic assaults doubled from 12,400 arrests to 23,830.

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