McCauley v. City of Chicago

Dist. Ct. did not err in granting defendant-City's motion to dismiss plaintiff's section 1983 action alleging that defendant violated plaintiff's equal protection rights by failing to protect plaintiff from ex-boyfriend who had history of harassing and assaulting plaintiff and eventually killed her even though defendant's police officials were aware of said harassment and had failed to either issue parole-violation warrant or arrest ex-boyfriend for violating outstanding order of protection. While complaint alleged that defendant failed to single out domestic violence victims as class for special protection, said allegations did not state valid cause of action since they amounted to nothing more than lawful allocation of limited police resources. Moreover, plaintiff failed to allege that defendant maintained intentional policy or practice of omitting police protection from female domestic violence victims as class. (Partial dissent filed.)