Joanne's violent boyfriend ("Bill" fictitious name) was on probation for domestic assault. He came to her apartment, raped and beat her. Joanne's son fled and called 911. Trooper Lamothe responded. "Bill" let him in. Tpr. Lamothe interviewed "Bill" and Joanne together. Lamothe saw bruises on Joanne's face, but left without arresting "Bill"; who then raped and battered Joanne a second time. The next night, "Bill" returned, broke into the apartment, raped and beat her a third time, and dragged Joanne down the stairs causing severe injury. "Bill" was later convicted of sexual assault and given a 20 to 45 year sentence.

Joanne sued Lamothe, asserting he was grossly negligent in not arresting "Bill" and preventing two subsequent rapes and batterings. The State Police, she argued, were created to protect people from crime. The State Police procedure even provided that arrests for domestic violence "offers the greatest potential for ending the violence." She also pointed out that Lamothe violated procedure by interviewing her in the presence of "Bill," and there was clear probable cause for an arrest.

A unanimous Supreme Court threw the case out. They said Police owed no duty to protect Joanne personally as distinguished from the general public. No law on domestic violence specifically overruled the traditional discretion an officer has in deciding whether or not to arrest. State Police procedures are only for guidance, but are not regulations approved by the legislature giving them the force of law. Further, an officer has no duty to protect people from criminal acts of third parties.

For what misbehavior should the government have to pay damages to a member of the public who is injured when an employee is negligent? What if the roads aren't fixed or licensed professionals cause harm, or schools perform badly, or health officials don't find dangerous substances?

Some people can be categorized as "just worlders" - that is people who believe if they behave properly they will be safe. Other people see a chaotic world of random violence where safety is a matter of luck. (Do you read the newspaper accident stories to see if the victim deserved what happened, for reassurance the world is just?) But the Court says the law can't be used to award money to people because Government is unable to create a perfect, just world. O.K. so life isn't fair, but did Joanne need to be raped three times? Kane v. Trooper Maurice Lamothe 2007 Vt. 229.