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57 F.3d 1074

Docket No. 94-2735

Sims v. Hill

United States Court of Appeals, Eighth Circuit.

Submitted: June 15, 1995 Filed: June 20, 1995

Cited by 23 later decisions — most recently June 1995

22 federal appellate ·

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Joshua Deshaney, a Minor, by His Guardian Ad Litem, and Melody Deshaney,s v. Winnebago County Department of Social Services, et al. · Ames v. Sundance State Bank · Gregory v. City of Rogers

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1995-06-20

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NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that no party may cite an opinion not intended for publication unless the cases are related by identity between the parties or the causes of action.

Before FAGG, MAGILL, and BEAM, Circuit Judges.

PER CURIAM.

¶1

Barbara Sims filed a 42 U.S.C. Sec. 1983 action claiming that various municipal defendants violated her constitutional rights when they failed to protect her after she had reported numerous incidents of harassment and violence toward her by her neighbors. The district court1 granted summary judgment to defendants, and Sims appeals.

¶2

Upon de novo review, see Weissman v. Congregation Shaare Emeth, 38 F.3d 1038, 1041 (8th Cir. 1994), we agree with the district court that Sims's claim is barred by DeShaney v. Winnebago County Dep't of Social Servs., 489 U.S. 189, 195, 197, 199-200 (1989) (due process imposes no duty to protect citizen from private violence except when state has taken person into custody). Contrary to Sims's argument on appeal, we conclude she did not show that defendants affirmatively placed her "in a position of danger [she] would not otherwise have faced." Gregory v. City of Rogers, 974 F.2d 1006, 1010 (8th Cir. 1992) (en banc), cert. denied, 113 S. Ct. 1265 (1993).

¶3

Accordingly, the judgment is affirmed.

1

The Honorable George Howard, Jr., United States District Judge for the Eastern District of Arkansas

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