· 10/13/1925
Knowles v. Albert
Citations
- 9 F.2d 163
- 1925 U.S. Dist. LEXIS 1323
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an officer’s failure to charge the plaintiff’s ex-boyfriend with a “serious offense” did not qualify as an affirmative act
- noting that a special relationship exists outside the custodial context where there is “[s]ome sort of confinement of the injured party,” where individuals are “affirmatively restrained,” or where a person’s liberty is “otherwise restricted”
- rejecting a state-created danger claim when officers had falsely promised to arrest a dangerous assailant and to provide protection
- finding no state-created danger after law enforcement officers assured plaintiff that her former boyfriend would be held overnight, but instead released him, which resulted in the death of her three children
- canvassing decisions outside the Fourth Circuit in a qualified immunity case
- “This Court has consistently read DeShaney to require a custodial context before any affirmative duty can arise under the Due Process Clause.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Call
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