Background
Derek Anthony Davis sued New Orleans police officers Alexis Salay and John Castelin under 42 U.S.C. § 1983. Davis alleged that the officers violated his Fourteenth Amendment due-process rights by declining to enforce a restraining order against his former romantic partner and by failing to arrest her for an alleged robbery and assault.
According to Davis, his former partner violated the order’s requirement that she remain 100 yards away by taking a job directly across the street from his workplace. The officers allegedly declined to enforce the order because she was merely working and was not bothering him. The district court dismissed the claim and denied Davis leave to amend. Davis did not appeal the dismissal of his Title VII claims or his claims against city attorney Bernard Blair.
The Court’s Holding
The Fifth Circuit affirmed. Applying Town of Castle Rock v. Gonzales, the court held that Davis lacked a constitutionally protected liberty or property interest in police enforcement of the restraining order. Louisiana law directs officers to use every reasonable means to enforce such orders but leaves them at least as much discretion as the Colorado law held insufficient to create a protected property interest in Castle Rock.
The court also held that the district court did not abuse its discretion by denying leave to amend. Davis’s proposed amendment was futile because it did not plausibly identify any constitutionally protected property interest apart from enforcement of the restraining order and therefore would not survive a motion to dismiss.
Key Takeaways
- A person generally has no Fourteenth Amendment property interest in having another person arrested or a restraining order enforced.
- Louisiana’s directive that officers use every reasonable means to enforce a restraining order does not eliminate police discretion or create an entitlement protected by due process.
- A court may deny a pro se plaintiff leave to amend when the proposed amendment would still fail to state a claim.
Why It Matters
The decision applies Castle Rock to Louisiana restraining orders and confirms that statutory enforcement language does not necessarily create an individual constitutional entitlement to police action. A failure to enforce an order, without another protected liberty or property interest, therefore does not support a due-process claim under § 1983.