state-created-danger

23 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-427 Walid Abdelaziz, in His Individual Capacity as a Police Officer for the City of Oakland, California, et al. v. Estate of Decedent Lolomania Soakai, et al. Ninth Circuit 2025-10-08 Denied Amici (1)Response RequestedRelisted (3) due-process fourteenth-amendment police-liability qualified-immunity state-created-danger substantive-due-process 1. Whether bystanders injured when a fleeing criminal suspect lost control of his car and crashed into them have a Fourteenth Amendment substantive du…
24-1050 Estate of Te’Juan Johnson v. Amanda Rakes, Administrator of the Estate of Amylyn Slaymaker and Next Friend to the Minor Children G. C. and M. C. Seventh Circuit 2025-04-04 Denied Amici (1)Response RequestedRelisted (2) constitutional-rights due-process fourteenth-amendment police-duty qualified-immunity state-created-danger Faced with a Section 1983 substantive due process claim under a "state-created danger" exception to the general rule that there is no constitutional d…
24-6 Stacy Williams, on Behalf of Her Minor Grandson, J. J. v. Andrew Williams, et al. Fifth Circuit 2024-07-08 Denied Response Waived civil-rights constitutional-rights deshaney-v-winnebago due-process federal-circuit-split fifth-circuit judicial-interpretation legal-doctrine standing state-created-danger Whether the Court should end the Fifth Circuit's decades-long refusal to rule on the viability of the "state-created-danger" doctrine by recognizing t…
23A1046 Desiree Martinez v. Channon High Ninth Circuit 2024-05-23 Presumed Complete constitutional-rights domestic-violence due-process precedent-interpretation qualified-immunity state-created-danger Are government officials entitled to qualified immunity in cases not involving time-pressured decisions so long as there is no prior precedent recogni…
23-777 Herbert O. Chadbourne, Jr. v. Cumberland County District Court First Circuit 2024-01-18 Denied Response Waived attorney-general civil-procedure default-judgment due-process equal-protection federal-rules honest-services-fraud judicial-procedure standing state-created-danger 1. Since Maine's Attorney General: Aaron Frey, "declined to participate" for the entire 293-day duration of this case while it was before the United S…
23-521 Denise Fisher v. Jodi M. Moore, et al. Fifth Circuit 2023-11-16 Denied Response Waived circuit-split civil-rights clearly-established constitutional-rights due-process fourteenth-amendment qualified-immunity state-action state-created-danger Whether the Court should hold that it was clearly established by November 2019 that the Due Process Clause prohibits state officials from knowingly pl…
23-270 County of Tulare, California, et al. v. Jose Murguia, Individually and on Behalf of the Estates of Mason and Maddox Murguia, et al. Ninth Circuit 2023-09-20 Denied Amici (3) deliberate-indifference due-process fourteenth-amendment private-violence shocks-the-conscience state-action state-created-danger substantive-due-process Whether, and under what circumstances, a State's failure to protect an individual who is not in state custody from violence by a private person consti…
21-1606 Chase Yarbrough v. Santa Fe Independent School District, et al. Fifth Circuit 2022-06-29 Denied Response Waived circuit-split civil-rights constitutional-duty due-process nonstate-actor state-created-danger 1. Whether this Court should resolve a Circuit split on the "state-created danger" theory of a constitutional duty to protect citizens from a nonstate…
21-794 Pamela Reilly, Personal Representative of the Estate of Rosemarie Reilly v. Ottawa County, Michigan, et al. Sixth Circuit 2021-11-30 Denied Response Waived 14th-amendment civil-rights deshaney-test deshaney-v-winnebago domestic-violence due-process fourteenth-amendment state-actors state-created-danger substantive-due-process third-party-harm 1. Whether an abused woman who faces increased danger from her abuser because State Actors have emboldened and condoned the abuser's violently escalat…
20-1392 Jason Fowler, et al. v. Brittany Irish, et al. First Circuit 2021-04-05 Denied Amici (2)Relisted (3) circuit-split civil-procedure civil-rights constitutional-duty due-process law-enforcement qualified-immunity state-created-danger Did the First Circuit err in denying qualified immunity to Petitioners where neither this Court nor the First Circuit had ever before recognized the s…
20-6555 Solomon Manamela v. Warden, Fort Dix FCI Third Circuit 2020-12-07 Denied Response WaivedIFP 18-uscs-1347 18-uscs-24(b) civil-procedure civil-rights due-process health-care-fraud jurisdiction pennsylvania-public-welfare-code standing state-created-danger statutory-interpretation 1) Whether affirmative evidence exists to establish Congress' intention under 18 USCS §24(b) to find City of Philadelphia-contracted non medical fami…
20-634 Felicia Robinson v. Webster County, Mississippi, et al. Fifth Circuit 2020-11-10 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) 42-usc-1983 civil-rights civil-rights-claim constitutional-violation due-process government-liability private-actor-injury section-1983 standing state-created-danger Whether a person injured by a private actor can state a claim under 42 U.S.C. § 1983 against a state or local government actor who created the danger …
20-320 Jane Doe, et vir, Individually and as the Natural Parents and Next of Kin of Minor Doe v. Jackson Local School District Board of Education, et al. Sixth Circuit 2020-09-10 Denied circuit-split civil-rights constitutional-duty deliberate-indifference deshaney-exception due-process state-created-danger supreme-court-review 1) Whether DeShaney v. Winnebago Cty. Dep't of Soc. Servs. created the exception of the State Created Danger Test? 2) What are the elements and facto…
20-5101 Timothy Visage v. R. E. Woodall, et al. Eleventh Circuit 2020-07-17 Denied Response WaivedIFP 14th-amendment arbitrary-action arbitrary-and-abusive-conduct civil-rights constitutional-protection due-process fourteenth-amendment government-liability government-policy state-created-danger state-custody Whether the Due Process Clause of the Fourteenth Amendment imposes upon the State an affirmative duty of care and protection to confined persons held …
19-8017 Maria Mercedes Cancino, et al. v. Cameron County, Texas, et al. Fifth Circuit 2020-03-18 Denied Response WaivedIFP 5th-circuit civil-rights constitutional-rights district-court due-process legal-error state-created-danger 1. The District Court and the 5th Circuit erred, as a matter of law, in failing to find that Appellants have a constitutional right to be free from st…
19-998 Vickie Cook, Individually and as Natural Mother to Deanna Cook, et al. v. Tonyita Hopkins, et al. Fifth Circuit 2020-02-10 Denied Response Waived civil-rights discrimination due-process equal-protection fourteenth-amendment state-created-danger summary-judgment After making dozens of 911 calls concerning her abusive ex-husband during 2009-2012, and being promised assistance by police, in August 2012, Deanna C…
19-826 The Estate of Swannie Her, et al. v. Craig Hoeppner, et al. Seventh Circuit 2019-12-31 Denied Response Waived 14th-amendment civil-rights culpable-intent due-process fourteenth-amendment intent liability life-liberty-property reasonable-protection state-created-danger This petition poses two questions: first, whether the state-created danger doctrine provides a due process claim; and second, what level of culpable i…
19-800 Carlin Robinson, Individually, as Guardian and Next Friend of I. Y., M. Y., and A. Y., and as Personal Representative of the Estate of Veronica Williams, Deceased, et al. v. Daniel A. Lioi, et al. Fourth Circuit 2019-12-23 Denied Response Waived circuit-split civil-rights deshhaney due-process fourth-amendment police-liability qualified-immunity state-created-danger 1. Which of the widely divergent approaches amongst the circuit courts of appeal, if any, appropriately applies the doctrine arising from this Court's…
19-656 William Anderson v. City of Minneapolis, Minnesota, et al. Eighth Circuit 2019-11-21 Denied Response RequestedResponse WaivedRelisted (6) circuit-split civil-rights constitutional-rights due-process emergency-responders first-responders hypothermia hypothermia-treatment qualified-immunity state-created-danger The Fourteenth Amendment provides that the government may not deprive any person of life, liberty, or property, without due process of law; nor deny t…
19-529 Robert Sanchez Turner v. Al Thomas, Jr., et al. Fourth Circuit 2019-10-22 Denied Response Waived actual-knowledge-of-danger affirmative-act civil-rights constitutional-rights cut-off-all-avenues-of-recourse due-process law-enforcement public-safety qualified-immunity racial-violence shock-the-conscience specific-individual-or-public state-created-danger The following questions stem from the Fourth Circuit's Published Opinion regarding claims asserted by Mr. Turner: 1. What analytical framework appl…
18-825 Peggy Shumpert, Individually and as Administrator of the Estate of Antwun Shumpert, Sr., et al. v. City of Tupelo, Mississippi, et al. Fifth Circuit 2019-01-02 Denied Response Waived canine-force civil-procedure civil-rights constitutional-rights deadly-force due-process federal-appeals-conflict police-misconduct qualified-immunity state-created-danger use-of-force whether-the-court-of-appeals-erred-in-concluding-t whether-the-court-of-appeals-erred-in-finding-that I. Whether the Court of Appeals erred in finding that the state-created danger doctrine is not clearly established law and in failing to apply it, whe…
18-6427 Jesus Valle v. Rusty Rogers, et al. Fifth Circuit 2018-10-24 Denied IFP administrative-segregation circuit-split civil-rights constitutional-claim due-process prisoner-assault prisoner-rights standing state-created-danger Whether the Fifth Circuit Court of Appeals decision denying relief represents a split in the Circuit Courts. Valle, a pro se litigant and prisoner in …
18-67 James Thomas Hurst, II v. James Caldwell, et al. Kentucky 2018-07-12 Denied Response RequestedResponse WaivedRelisted (2) 42-usc-1983 civil-rights civil-rights-act deshaney deshaney-doctrine due-process government-liability police-misconduct section-1983 special-relationship special-relationship-rule state-actor-liability state-created-danger 1. Does the special relationship rule articulated by this Court in Deshaney, supra, apply to shield a state actor from liability under 42 U.S.C. § 198…