DeShaney's Rule Upheld

Despite police promises of protection, there was no affirmative duty under the 14 Amendment to protect witness in criminal proceeding against criminal defendant. Rivera v. Rhode Island, No. 04-1568 (1st Cir. Mar. 22, 2005). In Rivera, a 15-year old witness to a police shooting said she was too scared to testify. The police promised that they would protect her. They broke that promise, and as a result, she was murdered.

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