· 12/22/2005
Jerry Hart Andre Dyer v. City of Little Rock, Arkansas State Lodge Fraternal Order of Police, Amicus on Behalf Of
Citations
- 432 F.3d 801
- 23 I.E.R. Cas. (BNA) 1522
- 2005 U.S. App. LEXIS 28366
- 2005 WL 3488412
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that substantive due process requires the government to protect individuals “if it created the danger to which the individuals are subjected”
- holding that substantive due process requires the government to protect individuals “if it created the danger to which the individuals are subjected”
- holding that negligence is not actionable under § 1983
- holding the city did not violate Fourteenth Amendment rights when they released the personnel files of police officers to criminal defense lawyers without -11- notice or redaction because the city did not act with deliberate indifference toward a risk of serious harm
- in a case factually similar to Kallstrom, the court assumed, without deciding, that plaintiffs constitutional right to privacy was violated but denied relief because the state actor did not possess the requisite culpability for a § 1983 claim
- “[I]f the state acts affirmatively to place someone in a position of danger that he or she would not otherwise have faced, the state actor, depending on his or her state of mind, may have committed a constitutional tort.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bye, Beam, Smith
Read full opinion on CourtListenerSourced 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.