It’s a senseless tragedy made even more haunting by the notion that it could have been prevented. A beloved Raleigh teacher, Zoe Welsh, was murdered in January after authorities allegedly ignored warnings for years about the escalating danger posed by the man who is accused of killing her.
What should you do if you or a loved one find yourself under threat — but law enforcement won’t take your concerns seriously?
As a civil rights lawyer, former educator, and North Carolina resident, the news of Zoe Welsh’s murder hit me hard. Since 2016, the man in custody for murdering Welsh stalked her, physically assaulted her husband, and left the family fearing for their lives.
But despite these red flags — the suspected murderer has a criminal history dating back 20 years — sufficient action wasn’t taken. Finally, on Saturday, Jan. 3, police say the suspect broke into Welsh’s house and killed her while she tried to call 911. Welsh’s murderer may face the death penalty, but how can we prevent these horrific events from recurring?
We all have rights under the Constitution, but proving that the government violated them can be difficult. Here’s what to do if you or a loved one feel you are in danger and law enforcement is not acting on your complaints:
- Document everything: It’s important to create a written record of all communication between you and law enforcement. Any time you provide notice of the danger to law enforcement, in writing such as an email or in person, document it. If those warnings are ignored, it could open the door for that agency to be liable for negligence in failing to act.
- Establish a timeline: Not every ignored warning means an agency is liable. But if the conduct happened repeatedly and law enforcement ignored your warnings, they may be liable for failing to prevent a foreseeable harm.
- Collect evidence: Public records and other evidence like law enforcement recordings are vital for determining if an agent or agency has a practice of perpetrating or allowing unlawful, unreasonable, or unconstitutional conduct.
This last point is vital to understand. To hold a government liable for violations of your Constitutional rights, you generally must establish that an agency has a pattern of neglect across multiple cases and wasn’t neglectful in just one specific case. Only by holding the agency or agent accountable for repeated negligent or unconstitutional behavior can we prevent patterns and practices that are harmful to the public.
Many people assume that law enforcement and other authorities are completely immune to accountability for negligence. You may have heard that agents performing a public duty have sovereign immunity from being held accountable.
The truth is that there are laws and legal mechanisms for holding a negligent agent or agency accountable for their failures. You can sue state or government officials under Section 1983 for violating your Constitutional rights — and inaction can violate your constitutional rights as surely as direct action.
When it comes to your civil rights, you must advocate for yourself. If your first call isn’t taken seriously, call again and again (making a note of every single one). And if you’re enduring a repeated pattern of inaction that endangers you or your loved ones, you may have a case that forces a law enforcement agency to get on the ball and do its job.