Nearing v. Weaver
Oregon Supreme Court
670 P.2d 137 (Or. 1983)
Nearing (plaintiff) got a restraining order against her husband after he broke into her home and hit her. Officer Weaver (defendant) later refused to arrest the husband for repeated violations of the order, even though a state statute required arrest once there was probable cause of a violation. The husband kept coming back, eventually assaulting a friend of Nearing's and threatening to kill him. Nearing sued Weaver for failing to enforce the order. The trial court granted summary judgment for Weaver, and the court of appeals affirmed.
Whether officers who knowingly fail to enforce a judicial order meant to prevent further abuse, such as a restraining order, are liable for the resulting harm to the people the order was meant to protect.