United States Third Circuit

In 42 U.S.C. section 1983 and state law actions brought against a city, agency, social workers and others arising from one child's death and children's injuries, summary judgment for defendants is affirmed as, for purposes of state-created danger claims, plaintiffs failed to establish that a state actor affirmatively used his or her authority to render the citizen more vulnerable to danger than had the state not acted at all.

Appellate Information

• Argued 07/10/2007
• Decided 08/22/2007
• Published 08/22/2007

Judges

• Before: SLOVITER, WEIS, and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Teri B. Himebaugh (Argued), Abramson & Deneberg, P.C., Philadelphia, PA, Attorney for Appellant, The Estate of Porchia Bennett., Christopher J. Culleton (Argued), Allan H. Gordon, Kolsby, Gordon, Robin, Shore & Bezar, Philadelphia, PA, Attorneys for Appellants, Alexus Bennett, Aliyaha Bennett and Priscilla Bennett.


• For Appellees:
  
• Romulo L. Diaz, Jr., City Solicitor, Jane Lovitch Istvan (Argued), Senior Attorney, Appeals, City of Philadelphia Law Department, Philadelphia, PA, Attorneys for Appellee, City of Philadelphia., Richard G. Tuttle, Esq., Archer & Greiner, Philadelphia, PA, Attorney for Appellee, Joe Maiden.