· 10/28/1998
Armijo Ex Rel. Chavez v. Wagon Mound Public Schools
Citations
- 159 F.3d 1253
- 1998 U.S. App. LEXIS 27608
- 1998 WL 751097
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a state actor cannot be liable for a pre-existent danger, “even if the state put the plaintiff back in that same danger”
- stating that schools have no duty to protect students from assaults by other students under the Due Process Clause
- finding that returning a suicidal special-education student to his home, where he had access to firearms, “could be construed as conscience-shocking” behavior sufficient to render summary judgment inappropriate
- concluding state actor not liable for pre-existing danger “even if the state put the plaintiff back in that same danger”
- holding school did not owe a duty to protect a student from committing suicide at home
- determining that “by [leaving the plaintiff alone], knowing of [the plaintiff’s] vulnerability and risks of being left alone at home, [defendants] acted recklessly in conscious disregard of the risk of suicide”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ebel, Holloway, Murphy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.