· 12/18/2014
Dayson v. Lanier
Citations
- 588 F. App'x 219
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- dismissing state-created danger claims that lacked any evidence that state actor “by his alleged non-responsiveness, communicated, even implicitly,” to private actors
- finding no state-created danger in the absence of a school district’s explicit or implicit communication of an official sanction of the bullying or harassment
- noting that Second Circuit emphasizes that “[o]nly an affirmative act can amount to a violation of substantive due process, because Due Process is phrased as a limitation of the State’s power to act, not as a guarantee of certain minimal levels of safety and security”
- “The consensus among the courts is that the „special relationship‟ doctrine does not apply to the school setting.”
- the state created danger doctrine requires showing of relationship between State and plaintiffs assailant, and not simply a relationship between State and individual attacked
- the state created danger doctrine requires showing of relationship between State and plaintiffs assailant, and not simply a relationship between State and individual attacked
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis, Diaz, Duncan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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