Government's Failure to Prevent Harm

There is a very important yet little talked about Supreme Court case decided a few years back: Castle Rock v Gonzales [ 545 U.S. 748 (2005)]. Jessica Gonzales had a restraining order/an order of protection against her (ex) husband Simon. One evening he abducted their three daughters, and though she called the Castle Rock (Colorado) police repeatedly over the course of the evening to enforce the order, nothing was done. Simon committed death by police, and the police found the bodies of the 3 girls in his truck.
The Supreme Court's opinion written by Scalia basically said that enforcement of a restraining order was not mandatory under Colorado law. This is just one of a series of decisions that state that the government's role to prevent harm is not an entitlement, and its failure to act to prevent harm is within their exercise of (administrative) discretion.
You may also want to read Kristian Miccio's article cogent article on this case, and the future of domestic violence/battering movement .http://works.bepress.com/g_kristian_miccio/4/. Miccio teaches at Sturm School of Law (she taught at SUNY New Paltz prior).

The question now posed is: what now? Is the Domestic Violence Movement now toothless? How do we protect abused women? How do we hold our government responsible?

Jessica Gonzales brought her case to the Inter-American Commission on Human Rights (CIM). The CIM heard her testimony in November 2008 and January of this year, and are suppose to rule by year's end.