Circuit split · civil rights law
Whether the Due Process Clause recognizes a 'state-created danger' theory of substantive due process liability under 42 U.S.C. § 1983 (an exception to DeShaney's no-duty-to-protect rule)
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- McClendon v. City of Columbia305 F3D 314
Fifth Circuit Court of Appeals · September 5, 2002
“In refusing to make this decision, the majority attempts to create the illusion that no Circuit split exists in hopes of avoiding Supreme Court scrutiny.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
42 U.S.C. § 1983 — Civil action for deprivation of rights
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Joined by · 1st Cir.Frances-Colon v. Ramirez107 F.3d 62
“Ramirez, 107 F.3d 62 , 63-64 (1st Cir.1997)(substantive due process interest in "bodily integrity" can support a personal injury claim under Section 1983 in the rare and exceptional cases when a government employee affirmatively acts to increase the threat of harm to the claimant).” — McClendon v. City of Columbia, acknowledging the split
- Discussed · 4th Cir.Pinder v. Johnson54 F.3d 1169
- Discussed · 4th Cir.Stevenson v. Martin County. Bd. of Educ.3 Fed.Appx. 25
- DiscussedCounty of Sacramento v. Lewis523 U.S. 833
- DiscussedButera235 F.3d 652
What the split turns on
- Statutes:
- 42 U.S.C. § 1983
- Doctrines & tests:
- state-created danger theory ·
- shocks the contemporary conscience test ·
- deliberate indifference standard
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.