No. 19-826

The Estate of Swannie Her, et al. v. Craig Hoeppner, et al.

Lower Court: Seventh Circuit
Docketed: 2019-12-31
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment civil-rights culpable-intent due-process fourteenth-amendment intent liability life-liberty-property reasonable-protection state-created-danger
Key Terms:
DueProcess Privacy
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether the state-created danger doctrine provides a due process claim

Question Presented (OCR Extract)

QUESTIONS PRESENTED This petition poses two questions: first, whether the state-created danger doctrine provides a due process claim; and second, what level of culpable intent imposes liability on state created dangers that inflict harm? 1. Ifa state creates a danger that causes the loss of life, liberty or property, is it a violation of the due process clause of the Fourteenth Amendment protecting life, liberty and property from state deprivation without due process of law? 2. Ifastate creates a danger that causes the loss of life, liberty or property, is the state liable under the Fourteenth Amendment if the state knew of or were aware of the danger and failed to take reasonable protections against the danger, even if they did not act with criminal intent to cause injury?

Docket Entries

2020-02-24
Petition DENIED.
2020-02-05
DISTRIBUTED for Conference of 2/21/2020.
2020-01-29
Waiver of right of respondents Craig Hoeppner, et al. to respond filed.
2019-12-26
Petition for a writ of certiorari filed. (Response due January 30, 2020)

Attorneys

Craig Hoeppner, et al.
Remzy D. BitarMunicipal Law & Litigation Group, S.C., Respondent
Remzy D. BitarMunicipal Law & Litigation Group, S.C., Respondent
The Estate of Swannie Her, et al.
Robert Edward BarnesBarnes law, Petitioner
Robert Edward BarnesBarnes law, Petitioner