United States Ninth Circuit

In an appeal from a judgment of the district court granting defendant's motion for summary judgment in a Section 1983 complaint alleging that defendants deprived plaintiff's developmentally-delayed daughter her Fourteenth Amendment substantive due process right to safe physical conditions while in involuntary state custody leading to her death, judgment is affirmed where defendants had no constitutionally required duty of care towards the victim because: 1) there was no special relationship between here and the state; and 2) there was no state-created danger.

Appellate Information

• Decided 11/07/2011
• Published 11/07/2011

Judges

• BYBEE

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Shayne Christopher Stevenson, Stewart A. Estes