Castle Rock V. Gonzales - Opinion of The Court

Opinion of The Court

The Supreme Court reversed the Tenth Circuit's decision, reinstating the District Court's order of dismissal. The Court's majority opinion by Justice Antonin Scalia held that enforcement of the restraining order was not mandatory under Colorado law; were a mandate for enforcement to exist, it would not create an individual right to enforcement that could be considered a protected entitlement under the precedent of Board of Regents of State Colleges v. Roth; and even if there were a protected individual entitlement to enforcement of a restraining order, such entitlement would have no monetary value and hence would not count as property for the Due Process Clause.

Justice David Souter wrote a concurring opinion, using the reasoning that enforcement of a restraining order is a process, not the interest protected by the process, and that there is not due process protection for processes.

Read more about this topic:  Castle Rock V. Gonzales

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