United States Third Circuit

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Torisky v. Schweiker, 05-1496

The state does not owe the affirmative duties of care and protection under the Due Process Clause to those individuals who are free to leave state custody.

Appellate Information

  • Argued 01/25/2006
  • Decided 04/28/2006
  • Published 04/28/2006


  • Before McKEE and STAPLETON, Circuit Judges, and POLLAK, District Judge.


  • United States Third Circuit


  • For Appellant:
  • Howard C. Ulan, Daniel M. Fellin (Argued), Commonwealth of Pennsylvania, Office of Legal Counsel, Department of Public Welfare, Harrisburg, PA, for Appellants., Mark J. Murphy (Argued), Disabilities Law Project, Philadelphia, PA, for Intervenors.

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