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· 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 CourtListener

Sourced 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.