- B Caselaw February 1989 U S Supreme Court Decision The Highest Court In The Land Ruled That Public Officials May Not B 1 (58.43 KiB) Viewed 36 times
B. CASELAW February 1989 U.S. Supreme Court Decision The highest court in the land ruled that public officials may not b
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B. CASELAW February 1989 U.S. Supreme Court Decision The highest court in the land ruled that public officials may not b
B. CASELAW February 1989 U.S. Supreme Court Decision The highest court in the land ruled that public officials may not be sued when their alleged gross negligence permits a child to be abused by a parent By a six to three vote, the justices said that a state does not have a constitutional duty to protect people, even abused children, who are not in the state's custody. Chief Justice William H. Rehnquist, writing for the court, said, "As a general matter... we conclude that a state's failure to protect an individual against private violence simply does not constitute a violation of the Constitution's) due process clause." (DeShaney v.Winnebago County Department of Social Services, 489 U.S. 189 (1989) No. 87-154) Discuss this ruling 1. If the gross negligence of a public official results in violence, should the public official be held legally responsible? Why or why not? 2. What, if any, repercussions would be appropriate?