Officer liability under Illinois Domestic Violence Act

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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