Fagot Diaz, Jose Gabriel v. the X Shop

How courts have described this case

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

• explaining that even bad faith violations of state law do not suffice to establish a substantive due process violation
• noting that because the person who sexually abused the minor was not a state actor, then plaintiff must allege another state action that could give rise to a constitutional violation
• explaining that municipal liability under Monell requires an underlying constitutional violation
• explaining the significance of exclusive or “against their will” custody or “total restriction” in recognizing the special relationship
• describing the police officers in Kneipp as having “sent” the victim home alone, but recasting parents’ allegation that a school released their child to an unauthorized person in violation of school policy as a “failure to adopt a stricter policy”
• stating the Court’s task on a Rule 12(b)(6) motion is “to determine whether the plaintiff has stated a legally cognizable claim that is plausible, not to evaluate the plaintiff’s likelihood of success”

Source: CourtListener parenthetical corpus (CC0).