9th U.S. Circuit Court of Appeals
Jul. 21, 2023
4 judges say circuit expanded ‘state-created danger’ law
“But the state-created danger exception finds no support in the text of the Constitution, the historical understanding of the ‘due process of law,’ or even Supreme Court precedent,” 9th Circuit Judge Patrick Bumatay wrote.
Four 9th U.S. Circuit Court of Appeals judges argued that the court wrongfully expanded the scope of the “state-created danger” doctrine by allowing a plaintiff to sue a police officer and social worker for actions that the father of two twin babies said led to their killing by their mentally ill mother.
An appellate panel ruled 2-1 that the father, Jose Murguia, can sue the defendants as state actors in a federal civil rights lawsuit over...
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