Warren v. District of Columbia is one of the leading cases of this type. Two women were upstairs in a townhouse when they heard their roommate, a third woman, being attacked downstairs by intruders. They phoned the police several times and were assured that officers were on the way. After about 30 minutes, when their roommate's screams had stopped, they assumed the police had finally arrived. When the two women went downstairs they saw that in fact the police never came, but the intruders were still there. As the Warren court graphically states in the opinion: "For the next fourteen hours the women were held captive, raped, robbed, beaten, forced to commit sexual acts upon each other, and made to submit to the sexual demands of their attackers."
The three women sued the District of Columbia for failing to protect them, but D.C.'s highest court exonerated the District and its police, saying that it is a "fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen." [4] There are many similar cases with results to the same effect. [5]
In the Warren case the injured parties sued the District of Columbia under its own laws for failing to protect them. Most often such cases are brought in state (or, in the case of Warren, D.C.) courts for violation of state statutes, because federal law pertaining to these matters is even more onerous. But when someone does sue under federal law, it is nearly always for violation of 42 U.S.C. 1983 (often inaccurately referred to as "the civil rights act"). Section 1983 claims are brought against government officials for allegedly violating the injured parties' federal statutory or Constitutional rights.
