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 1 (58.43 KiB) Viewed 35 times

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?