Town of Castle Rock, Colorado v. Gonzales

Summary

Stevens dissents, arguing Colorado’s mandatory arrest statute created a protected property interest in police enforcement of restraining orders, contrary to the majority’s conclusion. He criticizes the majority for not deferring to the Court of Appeals’ interpretation of state law or certifying the question to the Colorado Supreme Court. Justice Souter, concurring, agrees with the Court’s judgment and argues the statute mandated procedure rather than a substantive entitlement.