Lenahan (Gonzales) v. United States
Inter-American Commission on Human Rights
Case No. 12.626 (Merits), Inter-Am. Comm’n H.R. 80/11 (2011)
- Written by Meredith Hamilton Alley, JD
Facts
Jessica Lenahan (plaintiff) and Simon Gonzales had three children and lived in Castle Rock, Colorado. Gonzales assaulted Lenahan several times and attempted to commit suicide in the presence of the children. Lenahan and Gonzales separated. Lenahan obtained a permanent restraining order against Gonzales because of his violent, erratic behavior. Lenahan won temporary sole custody, with parenting time to Gonzales. Gonzales usually discussed parenting-time plans with Lenahan before exercising his parenting time on Wednesday nights. On Tuesday, June 22, 1999, the children went missing. Lanahan, suspecting Gonzales, contacted the police. Over the next hours, Lenahan contacted the police eight times, explaining that she had a permanent restraining order against Gonzales, the children were missing, and something was wrong. The police dismissed Lenahan’s fears until Lenahan went to the police station just after midnight, frantic and in tears. The police then began looking for Gonzales. In the early morning, Gonzales appeared at the police station and began shooting. Gonzales died in the ensuing gunfire, and the children were found in the trunk of Gonzales’s car, apparently shot dead by Gonzales, though reports suggested that the police could have unintentionally shot the children while firing at Gonzales. Lenahan sued the City of Castle Rock and the Castle Rock police in federal court for violating her substantive-due-process and procedural-due-process rights. The matter reached the United States Supreme Court, which dismissed Lanahan’s claims, holding that Lanahan did not have a property right in the restraining order. Lenahan filed a petition with the Inter-American Commission on Human Rights, arguing that the government of the United States (defendant) violated her human rights. One of Lanahan’s arguments was that the U.S. government violated Article XVIII of the American Declaration of the Rights and Duties of Man (the declaration) by failing to provide Lanahan with a judicial remedy for the nonenforcement of the protective order.
Rule of Law
Issue
Holding and Reasoning ()
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