Timeline: Jessica Lenahan (Gonzales) v. United States
Jessica Lenahan (Gonzales) v. United States
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1999
May 21
The Douglas County Court (CO) grants a temporary restraining order to Jessica Gonzales, ordering that her estranged husband, Simon Gonzales, “shall not enter the family home... and shall remain at least 100 yards away from this location at all times.” The judge specifically found that “physical or emotional harm would result” if Simon were not excluded from the home.
1999
June 4
Colorado State Court makes the temporary restraining order permanent, together with modifications that grant Jessica sole physical custody of the three girls. The order permits Simon to have a pre-arranged mid-week dinner visit and alternate weekend visits with the girls.
June 22
Simon kidnaps Rebecca, Katheryn, and Leslie in violation of the restraining order. Jessica calls and meets with the police nine times over the course of seven hours, but the police do nothing to try to locate the girls and ensure their safety. Simon drives up to the police station, opens fire, and is killed in the shootout. The bodies of the three girls are found in his pickup. Jessica is detained and interrogated for 12 hours and her demands to see her children are ignored.
2000
July
Colorado alleging Constitutional violations by the town of Castle rock and three individual police officers.
2001
January
Federal District Court of Colorado dismisses her complaint, and Jessica appeals the decision.
2002
October
A three-judge panel of the Tenth Circuit Court of Appeals reverses the district court and holds that Colorado’s mandatory arrest law entitled Jessica to police enforcement of her restraining order. Castle Rock asks that the full court reconsider.
2004
April
The Tenth Circuit Court of Appeals en banc upholds its previous decision, recognizing a procedural due process right. Castle Rock appeals to the U.S. Supreme Court.
2005
June
The U.S. Supreme Court reverses the Tenth Circuit, holding that Jessica has no Constitutional right to police enforcement of her restraining order.
December
The ACLU files a petition on behalf of Jessica with the Inter-American Commission on Human Rights (IACHR) asserting that the Castle Rock Police Department’s actions and the U.S. Supreme Court decision violated her human rights protected under the American Declaration on the Rights and Duties of Man.
2007
October
IACHR declares Jessica’s petition admissible.
2008
October
IACHR holds a hearing on the merits of Jessica’s petition: Jessica Gonzales v. United States of America.
2010
November
IACHR sends its draft findings and recommendations to counsel for both parties.