Hernandez v. Ridley

How courts have described this case

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

• affirming dismissal of claim where complaint alleged that victim was killed by a private actor’s “negligent driving, not by an act of violence”
• noting that the behavior must be egregious and outrageous
• “Here, Hernandez alleges Jose Jr. and Salvador were killed by Cooper’s negligent driving, not by an act of violence. Thus, he has not satisfied the private violence requirement.”
• “To show a defendant’s conduct is conscience shocking, a plaintiff must prove a government actor arbitrarily abused his authority or employed it as an instrument of oppression.” (internal quotation and alterations omitted)
• requiring affirmative conduct from state actors to impose due-process liability
• “Inaction by the state is insufficient”

Source: CourtListener parenthetical corpus (CC0).