United States Fifth Circuit

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MCCLENDON v. CITY OF COLUMBIA, 00-60256

The Fifth Circuit adopts the "State Created Danger" theory of liability, requiring that a plaintiff need only show that state actors created a dangerous environment which they knew to be dangerous were deliberately indifferent to the plight of the plaintiff.

Appellate Information

  • Decided 07/26/2001
  • Published 07/26/2001

Judges

  • PER CURIAM:*, Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, DENNIS and CLEMENT, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Kathryn Neal Nester (argued), Christopher & Nester, Ridgeland, MS, for Plaintiff-Appellant., Thomas D. McNeese, Lawrence Elder Hahn, McNeese & Hahn, Columbia, MS, for City of Columbia., Sandra Schuffert Mohler (argued), Jon Mark Weathers, Bryan, Nelson, Randolph & Weathers, Hattiesburg, MS, for Carney., Ramon Gustave Viada, III, Abrams, Scott & Bickley, Houston, TX, for Texas Municipal League, Texas City Attorneys Ass'n, Texas Ass'n of School Boards Legal Assistance Fund, Texas Ass'n of School Boards, Texas Ass'n of School Administrators and Texas Council of School Attorneys, Amici Curiae.