Delmore v. Brownell

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that for purposes of Fed. R. Civ. P. 12(b)(6), all well-pleaded facts, as distinguished from conclusory allegations, must be taken as true
• stating that “ordinary negligence does not shock the conscience … and that even permitting unreasonable risks to continue is not necessarily conscience shocking”
• finding that a defendant’s failure to conduct background checks did not shock the conscience
• analyzing whether the Colorado Department of Human Services was entitled to Eleventh Amendment immunity under Federal Rule of Civil Procedure 12(b)(1), but considering whether the Department was a person for purposes of § 1983 under rule 12(b)(6)
• social worker not liable for failing to conduct a background check of a childcare facility where no alleged affirmative conduct
• social worker not liable for failing to conduct a background check of a childcare facility where no alleged affirmative conduct

Source: CourtListener parenthetical corpus (CC0).