<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mrat:
This officer can be fired if he violated a department policy by not assisting. Each department's policies vary. My department's policies state we must assist. If he worked for my department he would be fired. Of course the officer could sue, but the department would bring in the policy (which each officer signs for) and the officer would probably be SOL.
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Exactly. The SC's rulings that city police not responding to citizen calls does not offend the constitution are a far cry from a constitutional right of individuals not to be _fired_ from their jobs for not responding.
Take another example, and it will be clearer. The SC has ruled that states have no duty under the constitution to provide health care to any citizens, but all states do this to some extent. Any citizen who was not provided with care if he met the requirements might well be able to sue the state in state or federal court, depending on the specific complaint, but could not sue on the basis that his constitutional rights were violated (leave aside equal protection claims for the moment, i.e., discriminatory denials of care.) Still, the state has no affirmative duty _under the constitution_ to provide health care.
All of this is perfectly consistent, of course, with some doctor being fired by a state hospital for refusing to provide treatment according to state guidelines. Surely the fact that the state is not _constitutionally_ required to provide health care does not entail that those who take a job providing that care for the state have a constitutional right not to do their jobs.