city's negligence leads to vandalism.

[pleadthefirst]

Massachusetts:

In my city there is a standing tradition, which the city deems illegal, of private reservation of public parking spaces during and after snow storms with furniture or junk (this often lasts for weeks after a storm). The mayor's office assured me that the city would take action against this practice. However, they did not. One evening, after failing to find any open parking spots (I looked for 40minutes) I moved someone's street litter to park my vehicle in a public spot. In return, my vehicle was vandalized that night (this is considered expected behavior by locals in my town - it's a sort of self enforcement of self made laws - gang mentality). Because of the city's negligence in failing to enforce laws which prevent people from privatizing public space, I feel that they are at least partially responsible, and I expect recompense.
Do I have any shot with this? How should I pursue it? I have contacted the mayor's office, but they ignore me. Is there a point where a city or police force can be charged with criminal negligence? Let's say in an extreme case, police officers ignore phone calls for help and the caller gets murdered?

 

[CdwJava]

Because of the city's negligence in failing to enforce laws which prevent people from privatizing public space, I feel that they are at least partially responsible, and I expect recompense.

Sorry, there is no claim here. The city is not responsible. You can make a claim, but they will simply ignore it.

Do I have any shot with this?

Not at all. And unless you have a sack of money to pay an attorney up front, none will take this.

Is there a point where a city or police force can be charged with criminal negligence?

No. There is no Constitutional duty to protect. And even if they DID ignore the ordinance, their failure to enforce the ordinance is not a direct cause of your damage. Your damage was caused by criminal vandals and not an act involving parking.

Let's say in an extreme case, police officers ignore phone calls for help and the caller gets murdered?

Not remotely the same circumstances. But, if someone "ignored" calls for help and they knew an assault was in progress and had no reason for not responding, chances are there would still be no legal claim against the department or the officer ... heads would roll, but there would not likely be any civil or criminal liability.

- Carl

 

[stephenk]

what city do you live in where junk is used as reservation markers for public parking slots? have you thought about going to your local paper and publicizing what is going on?

 

[pleadthefirst]

what city do you live in where junk is used as reservation markers for public parking slots? have you thought about going to your local paper and publicizing what is going on?

hmm, this probably would have been a good idea - this issue was all over the local news this winter - they probably would have eaten up my story. I'm afraid that it has fallen out of popular favor recently though. This could change if we get another snow storm though.

As happy as I am to be moving out of this God-foresaken neighborhood, I do wish I would be around to cast my vote to get this no-good mayor out of office.

 

[cbg]

I live in the same city, or at least, I live in the suburbs of the same city. This situation, not necessarily the poster's specific circumstance but the problems with "reserving" parking has already been well publicized both on the local news and in the city newspaper.