The Estate of Swannie Her, et al. v. Craig Hoeppner, et al.
This petition poses two questions: first, whether the state-created danger doctrine provides a due process claim; and second, what level of culpable intent imposes liability on state created dangers that inflict harm?
1. If a state creates a danger that causes the loss of life, liberty or property, is it a violation of the due process clause of the Fourteenth Amendment protecting life, liberty and property from state deprivation without due process of law?
2. If a state creates a danger that causes the loss of life, liberty or property, is the state liable under the Fourteenth Amendment if the state knew of or were aware of the danger and failed to take reasonable protections against the danger, even if they did not act with criminal intent to cause injury?
Whether the state-created danger doctrine provides a due process claim