In the wake of the violent events in Charlottesville, Virginia on August 12, 2017, a federal lawsuit has been filed which alleges that local and state law-enforcement officers effectively stood down when confronted with escalating violence. According to the complaint, officers from the Charlottesville Police Department and the Virginia State Police were made aware of credible intelligence ahead of the rally that extremist groups planned to clash with counter-protesters, yet the lawsuit contends that the police withheld intervention, allowing violent confrontations to unfold unchecked.
For legal practitioners examining issues of governmental liability, civil-rights protections and the obligations of police to intervene, this case raises serious questions of accountability and omission-based liability. The plaintiff argues that by failing to act, the law-enforcement agencies violated the Fourteenth Amendment’s guarantee of due process, and contributed to a scenario of “state-created danger.” While prior court decisions have emphasized the limited duty of police under the Constitution, the factual allegations here invite a closer look at whether recognized rights were violated when officers allegedly refrained from action in the face of known threats.