For Your Data Deshaney V. Winnebago County Dept. Of Social Services Illustration Brief
August 12, 2020
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DeShaney v. Winnebago County Dept. of Social Services illustration brief summary
489 U.S. 189 (1989)
Petitioner, a modest child, brought an activity under 42 U.S.C.S. § 1983 against respondents, a county's division of social services as well as its diverse employees, for failing to intervene to protect the kid against the opportunity of violence at his father's hands. The kid challenged a determination from the the States Court of Appeals for the Seventh Circuit that affirmed a lawsuit court's social club granting summary judgment inwards favor of respondents.
CASE FACTS
The child's manful somebody rear compaction him to the quest where he was deemed to locomote profoundly retarded. The child, yesteryear his guardian cite litem, alleged that respondents knew or should convey known close the opportunity posed yesteryear his father. The district courtroom granted respondents' displace for summary judgment, as well as the appellate courtroom affirmed. The appellate courtroom constitute that the kid had non made out an actionable § 1983 claim.
DISCUSSION
On appeal, the Supreme Court constitute that the actions of the manful somebody rear were reprehensible. However, the Court determined that the Fourteenth Amendment did non need a Blue Planet or local governmental way to protect its citizens from individual violence or other mishaps non attributable to the conducts of its employees. Therefore, the Court affirmed the lower courts' decisions.
CONCLUSION
The Supreme Court affirmed the determination of the appellate court, which affirmed the summary judgment entered inwards favor of respondents.
489 U.S. 189 (1989)
Petitioner, a modest child, brought an activity under 42 U.S.C.S. § 1983 against respondents, a county's division of social services as well as its diverse employees, for failing to intervene to protect the kid against the opportunity of violence at his father's hands. The kid challenged a determination from the the States Court of Appeals for the Seventh Circuit that affirmed a lawsuit court's social club granting summary judgment inwards favor of respondents.
CASE FACTS
The child's manful somebody rear compaction him to the quest where he was deemed to locomote profoundly retarded. The child, yesteryear his guardian cite litem, alleged that respondents knew or should convey known close the opportunity posed yesteryear his father. The district courtroom granted respondents' displace for summary judgment, as well as the appellate courtroom affirmed. The appellate courtroom constitute that the kid had non made out an actionable § 1983 claim.
DISCUSSION
On appeal, the Supreme Court constitute that the actions of the manful somebody rear were reprehensible. However, the Court determined that the Fourteenth Amendment did non need a Blue Planet or local governmental way to protect its citizens from individual violence or other mishaps non attributable to the conducts of its employees. Therefore, the Court affirmed the lower courts' decisions.
CONCLUSION
The Supreme Court affirmed the determination of the appellate court, which affirmed the summary judgment entered inwards favor of respondents.