Whether the Court should end the Fifth Circuit's decades-long refusal to rule on the viability of the state-created danger doctrine by recognizing the doctrine and providing parameters for it

QUESTION PRESENTED The legal doctrine of “state-created danger” has its origin in DeShaney v. Winnebago County Department of Soc. Services. 489 U.S. 189, 197 (1989). Since DeShaney, ten federal circuits—but not the Fifth Circuit—have recognized the doctrine of “statecreated danger.” See Irish v. Fowler, 979 F.3d 65, 73-75 (1st Cir. 2020) (adopting the doctrine and collecting cases from the Second, Third, Fourth, Sixth, Seventh, Eighth, Ninth, Tenth, and D.C. Circuits that reach the same result). Since 1996, the Fifth Circuit has been asked—almost annually— to recognize or reject as a valid legal doctrine; yet the court refuses to adopt or reject the doctrine. Fisher v. Moore, 73 F.4th 367, 375 (5th Cir. 2023) (Higginson, J., dissenting). (“Our indecision is a disservice ...if this circuit is inclined to disagree with all others, then our delay is blocking percolation, which allows a period of exploratory consideration and experimentation by lower courts before the Supreme Court ends the process with a nationally binding rule.””). (internal quotations removed). The question presented is: Whether the Court should end the Fifth Circuit’s decades-long refusal to rule on the viability of the doctrine by recognizing the doctrine and providing parameters for it.