· 4/26/1999
Miller v. City of Philadelphia
Citations
- 174 F.3d 368
- 1999 U.S. App. LEXIS 7928
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that to state a substantive due process claim under § 1983, the plaintiff must allege conduct by a government actor that “shocks the conscience”
- recognizing that to state a substantive due process claim under § 1983, the plaintiff must allege conduct by a government actor that “shocks the conscience”
- recognizing that to state a substantive due process claim under § 1983, the plaintiff must allege conduct by a government actor that “shocks the conscience”
- explaining that allegations of negligence or simple error do not state a valid substantive due process claim
- stating that “[t]he proper approach” when a qualified immunity defense is raised “is to ascertain whether a constitutional violation has been alleged before determining if qualified immunity is available”
- listing the standards as intent to cause harm, gross negligence or arbitrariness that shocks the conscience, and deliberate indifference
Source: CourtListener parenthetical corpus (CC0).
Sourced 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.