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· 7/11/2011

Patel Ex Rel. A.H. v. Kent School District

Citations

  • 648 F.3d 965
  • 271 Educ. L. Rep. 51
  • 2011 U.S. App. LEXIS 14172

How courts have described this case

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

  • concluding that a “custodial relationship” is a prerequisite to applying the special relationship doctrine
  • listing cases 1 discussing whether compulsory school attendance can give rise to a special-relationship between 2 schools and students
  • explaining that, although a state generally “is not 19 liable for its omissions,” the state-created danger rule provide an exception “when the state 20 affirmatively places the plaintiff in danger by acting with ‘deliberate indifference’ to a ‘known or 21 obvious danger’”
  • “The types of . custody triggering [this duty] are ‘incarceration, institutionalization-, or other similar restraint of person al liberty9 ”
  • “Compulsory school attendance and in loco parentis status do not create ‘custody’ under the strict standard of DeShaney.”
  • failure to leave plaintiff in safe location allegedly caused rape in a high-crime area

Source: CourtListener parenthetical corpus (CC0).

Judges: Fisher, Gould, Tallman

Read full opinion on CourtListener

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.