United States Third Circuit

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Henry v. City of Erie, 11-3738

The district court's denial of qualified immunity to defendant-state officials' on plaintiffs' 42 U.S.C. 1983 claim alleging that defendant-state officials' approval and subsidization of an apartment for the Section 8 housing program, even though the apartment allegedly failed to comply with Section 8's Housing Quality Standards, constituted a state-created danger toward the apartment's tenant and her guest in violation of their substantive due process rights under the United States Constitution, is reversed and remanded, where plaintiffs have not adequately pled a state-created danger claim.

Appellate Information

  • Decided 08/23/2013
  • Published 08/23/2013




  • United States Third Circuit


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