Constitutional law - substantive due process - Fourth Circuit holds police officer not liable for exposing children to harm that culminated in their murder
Article Abstract:
The US Court of Appeals for the Fourth Circuit, ruling in Pinder v. Johnson, misinterpreted DeShaney v. Winnebago County Department of Social Services in finding no violation of substantive due process for a policeman's reckless failure to act when the plaintiff had relied on his statements. The plaintiff had been assured by the policeman that her former boyfriend would be in custody. The boyfriend was released and proceeded to burn down her house, killing her children. The court focused on the effect of the policeman's promise but failed to consider the increased vulnerability of the plaintiff's reliance on his statements.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1995
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Constitutional law - substantive due process - Eighth Circuit denies liability for returning child in state custody to parent despite known potential for abuse
Article Abstract:
The author discusses a 2000 Eighth Circuit ruling that a child who was sexually abused after being returned to the custody of her father did not have a due process claim against the state of Missouri, despite the knowledge of social workers that the father associated with a pedophile.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
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Criminal procedure - sustantive due process - D.C. Circuit holds that the government may forcibly treat incompetenet criminal defendants with antipsychotic medication to render them competent to stand trial
Article Abstract:
The D.C. Circuit court decided that the government could forcibly administer antipsychotic drugs to Russell Weston to render him competent to stand trial for the 1998 Capitol shootings. Though correct on its face, the decision could have unfortunate consequences.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2001
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- Abstracts: Constitutional law -- Fourth Amendment -- Eleventh Circuit invalidates search because officers failed to inform bus passengers that they could withhold consent
- Abstracts: Constitutional law - First Amendment - Establishment Clause - Fourth Circuit holds that a school board policy allowing a religious group to distribute Bibles in public school does not violate the Establishment Clause
- Abstracts: Antitrust law; IP owners' refusals to deal. In ruling on antitrust, does Fed. Circuit overstep? Its exertion of jurisdiction over nonpatent issues puts district courts in bind over precedents
- Abstracts: Innovation - or just court triage? California's justices are trying very hard to clear the docket. Captive firms of insurers get stung in court; ethics breaches, unlicensed practice found in two states
- Abstracts: Constitutional law - bill of attainder - Fifth Circuit holds that the special provisions of the Telecommunications Act of 1996 are not a bill of attainder - SBC Communications, Inc. v. FCC