Thurman v. City of Torrington 1984

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Plaintiff:  Tracey Thurman

Defendant:  City of Torrington

Facts: 

Between early October 1982 and June 10, 1983, Tracey Thurman (and others on her behalf) notified Torrington Police Department of repeated threats upon her life and the life of her child Charles J. Thurman, Jr., made by her estranged husband, Charles Thurman. Attempts to file complaints by plaintiff Tracey Thurman against her estranged husband in response to his threats of death and maiming were ignored or rejected by the named defendants and the defendant City. On June 10, 1983, Charles appeared at the Bentley-St. Hilaire residence in the early afternoon and stabbed Tracey repeatedly in the chest, neck and throat.

The plaintiff brought an action, alleging that her constitutional rights were violated by the nonperformance or malperformance of official duties by the defendant police officers. Plaintiff sought to hold liable the defendant City of Torrington.

The defendant City filed a motion to dismiss the complaint.

City's Arguments:

1.  the equal protection clause of the fourteenth amendment  does not guarantee equal application of social services;

2.   the equal protection clause "only prohibits intentional discrimination that is racially motivated".

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Issue: WON the actions of the police have deprived Tracey of her constitutional right to equal protection of the laws.

Held: Yes.

The application of the equal protection clause is not limited to racial classifications or racially motivated discrimination.

Failure of city officials and police officers to perform their duty of taking reasonable measures to protect personal safety of persons whom they know may be attacked is a denial of equal protection of the laws and is actionable under. City officials and police officers are under an affirmative duty to preserve law and order, and to protect the personal safety of persons in the community. This duty applies equally to women whose personal safety is threatened by individuals with whom they have or have had a domestic relationship as well as to all other persons whose personal safety is threatened, including women not involved in domestic relationships.

Here the plaintiff was threatened with assault in violation of Connecticut law. Over the course of eight months the police failed to afford the plaintiff protection against such assaults, and failed to take action to arrest the perpetrator of these assaults. The plaintiff has alleged that this failure to act was pursuant to a pattern or practice of affording inadequate protection, or no protection at all, to women who have complained of having been abused by their husbands or others with whom they have had close relations. Such a practice is tantamount to an administrative classification used to implement the law in a discriminatory fashion.

A man is not allowed to physically abuse or endanger a woman merely because he is her husband.  In addition, any notion that defendants' practice can be justified as a means of promoting domestic harmony by refraining from interference in marital disputes, has no place in the case at hand.

Decision: The defendant City of Torrington's motion to dismiss the plaintiff's complaint on the basis of failure to allege violation of a constitutional right was denied.

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