The opinion
LEHMAN, Justice,
dissenting.
I dissent.
The majority opinion is correct when it states: “The law clearly prohibits police from discriminatorily refusing to provide the same level of police protection to victims of domestic violence as is provided to victims of other assaults.” Where I part company with the majority is with the reasoning which follows: “However, we are not at liberty to expand that rule to include a right to a ‘quality investigation’ of domestic assaults.”
If an officer does not conduct the same level of investigation of a reported assault by a victim of domestic violence as they would with a victim of other assaults, they may be discriminatorily refusing to provide the same level of police protection. An investigation is not an expansion of police protection, it is only a part of it.
The district court was correct in its result that factual issues exist regarding Garcia’s claim that she was not provided the same *1140 level of police protection. Therefore, I respectfully dissent.