Ordinary negligence by government officials in failing to meet a reasonable standard of care does not constitute a deprivation of constitutional rights under section 1983.
Plaintiffs brought a section 1983 action after a released prisoner was transported to a store owned by the victim, who was subsequently murdered by the prisoner. The plaintiffs alleged that the state's failure to properly screen the prisoner and warn the victim violated her substantive due process rights. Although the plaintiffs' allegations of placing the victim in a unique position of danger could support a finding of a constitutional right to protection, the court held that the complaint failed to state a claim. Because the allegations amounted to nothing more than ordinary negligence in the processing of the prisoner's release, they did not constitute a constitutional deprivation of due process.
At page 370 Determining right to state protection from third-party harm35 citing cases“circuit court decisions examining whether a particular individual . . . is entitled to protection by the state from third-party harm generally recognize that the due process clause may be implicated in the following situations: first, when a 'special custodial or other relationship created or assum…”
- Wilson v. Marion Sch. Dist., No. 3:22-cv-00053 (E.D. Ark. Jan. 12, 2024).The Eighth Circuit has recognized two exceptions to the DeShaney rule – “first, in custodial and other settings in which the state has limited the individuals' ability to care for themselves; and second, when the state affirmatively places…
- Mays v. Kne, No. 0:21-cv-02075 (D. Minn. Nov. 4, 2022).“when the state affirmatively places a particular individual in a position of danger the individual would not otherwise have been in”
- Braden ex rel. M v. Mountain Home Sch. Dist., 903 F. Supp. 2d 729 (W.D. Ark. 2012).publishedThe second exception, which the Court will refer to as the “danger creation” exception, occurs when the State “affirmatively places a particular individual in a position of danger the individual would not otherwise have been in.” Dorothy J…
- Washington v. Ladue Sch. Dist. Bd. of Educ., 564 F. Supp. 2d 1059 (E.D. Mo. 2008).published“possessed a right arising under the [F]ourteenth [A]mendment”
- Finch ex rel. Ebert v. Texarkana Sch. Dist. No. 7, 557 F. Supp. 2d 976 (W.D. Ark. 2008).publishedWells v. Walker, 852 F.2d 368, 370 (8th Cir.1988), cert denied 489 U.S. 1012 , 109 S.Ct. 1121 , 103 L.Ed.2d 184 (1989); Avalos v. City of Glenwood, 382 F.3d 792 , 798 -799 (8th Cir.2004). “[I]f the state acts affirmatively to place someone…
- Kennedy ex rel. Gorton v. City of Ridgefield, 439 F.3d 1055 (9th Cir. 2006).published In fact, the "state-created danger" doctrine predates DeShaney, See, e.g., White v. Rochford, 592 F.2d 381, 384 (7th Cir.1979) ("[T]he complaint sufficiently alleged a deprivation of rights secured by the Constitution sufficient to state a…
- Terry Creason v. City of Washington, 435 F.3d 820 (8th Cir. 2006).published“possessed a right arising under the [F]ourteenth [A]mendment”
- Terry Creason v. City Of Washington, 435 F.3d 820 (3d Cir. 2006).published“possessed a right arising under the [F]ourteenth [A]mendment”
- Avalos ex rel. Vasquez v. City of Glenwood, 269 F. Supp. 2d 1091 (S.D. Iowa 2003).published“when the state affirmatively places a particular individual in a position of danger the individual would not otherwise have been in”
- S.S. ex rel. Jervis v. McMullen, 225 F.3d 960 (8th Cir. 2000).publishedFor instance, in Wells v. Walker, 852 F.2d 368, 370 (8th Cir. 1988), cert. denied, 489 U.S. 1012 (1989), we adverted to the proposition that a plaintiff in an action like the present one had to establish that "the state affirmatively place…
Show 16 more citing cases
- S.S. ex rel. Jervis v. McMullen, 186 F.3d 1066 (8th Cir. 1999).published See, e. g., Greer v. Shoop, 141 F.3d 824, 827-28 (8th Cir. 1998); Gregory v. City of Rogers, 974 F.2d 1006, 1010 (8th Cir. 1992) (en banc), cert. denied, 507 U.S. 913 (1993); Wells v. Walker, 852 F.2d 368, 369-70 (8th Cir. 1988), cert. den…
- Henry Greer v. Stanley D. Shoop Ronald Dohrman Thomas L. Frisch, 141 F.3d 824 (8th Cir. 1998).published The district court determined that under the facts extant here, Greer sufficiently alleges a Fourteenth Amendment violation under the “state-created danger theory” of constitutional liability outlined in Wells v. Walker, 852 F.2d 368, 370-…
- Kneipp v. Tedder, 95 F.3d 1199 (3d Cir. 1996).published Id. (citing Wells v. Walker, 852 F.2d 368, 370 (8th Cir.1988), cert. denied, 489 U.S. 1012 , 109 S.Ct. 1121 , 103 L.Ed.2d 184 (1989); DeShaney, 489 U.S. at 195-96 , 109 S.Ct. at 1002-04 ). 45 Gregory, however, is distinguishable from this…
- Jason Carlton v. Cleburne Cnty., AR, 93 F.3d 505 (8th Cir. 1996).publishedSee, e.g., L.W. v. Grubbs, 974 F.2d 119, 121-22 (9th Cir.1992) (state officials knowingly assigned violent, habitual offender to work alone with female prison employee and did not inform her of the risk), cert. denied, 508 U.S. 951 , 113 S…
- United States Court of Appeals,eighth Circuit, 93 F.3d 505 (8th Cir. 1996).unpublishedSee, e.g., L.W. v. Grubbs, 974 F.2d 119, 121-22 (9th Cir.1992) (state officials knowingly assigned violent, habitual offender to work alone with female prison employee and did not inform her of the risk), cert. denied, 508 U.S. 951 , 113 S…
- Pinder v. Johnson, 54 F.3d 1169 (4th Cir. 1995).published See, e.g., Cornelius v. Town of Highland Lake, 880 F.2d 348, 356 (11th Cir.1989) (duty when state brought inmates into victim's workplace); Wells v. Walker, 852 F.2d 368, 371 (8th Cir.1988) (duty when state brought dangerous prisoners to v…
- Carter v. Lamb, 872 F. Supp. 784 (D. Nev. 1995).published“It has long been recognized that there generally exists no constitutional right to basic governmental services, such as fire and police protection.” Westbrook v. City of Jackson, Mississippi, 772 F.Supp. 932, 935 (S.D.Miss.1991) (citing Y…
- Pinder v. Johnson, 33 F.3d 368 (4th Cir. 1994).published E.g., Fox v. Custis, 712 F.2d 84, 88 (4th Cir.1983); Wells v. Walker, 852 F.2d 368, 370 (8th Cir.1988), cert. denied, 489 U.S. 1012 , 109 S.Ct. 1121 , 103 L.Ed.2d 184 (1989); Ketchum v. Alameda County, 811 F.2d 1243, 1247 (9th Cir.1987); B…
- Tina Marie Sellers, by & Through Her Guardian, Nat. Mother, & Next Friend, Joann Sellers Albert F. Deuser Phyllis Menke v. Robert J. Baer John J. Frank James E. Mosbacher William H. Young Mayor Vincent Schoemehl Lawrence J. King United States of Am., David Vecera, Nat'l Park Ranger Edward Bridges, Nat'l Park Ranger Dennis Burnett, Chief Ranger, Tina Marie Sellers, by & Through Her Guardian, Nat. Mother, & Next Friend, Joann Sellers Albert F. Deuser Phyllis Menke v. Robert J. Baer John J. Frank James E. Mosbacher William H. Young Mayor Vincent Schoemehl Lawrence J. King United States of Am., David Vecera, Nat'l Park Ranger Edward Bridges, Nat'l Park Ranger Dennis Burnett, Chief Ranger, Tina Marie Sellers, by & Through Her Guardian, Nat. Mother, & Next Friend, Joann Sellers Albert F. Deuser Phyllis Menke v. Robert J. Baer John J. Frank James E. Mosbacher William H. Young Mayor Vincent Schoemehl Lawrence J. King, United States of Am. David Vecera, Nat'l Park Ranger Edward Bridges, Nat'l Park Ranger Dennis Burnett, Chief Ranger, 28 F.3d 895 (8th Cir. 1994).publishedSee Gregory, 974 F.2d at 1010 ; Wells v. Walker, 852 F.2d 368, 370 (8th Cir.1988), cert. denied, 489 U.S. 1012 , 109 S.Ct. 1121 , 103 L.Ed.2d 184 (1989). 11 Simply stating the broad outline of the constitutional right allegedly violated, h…
- Sellers ex rel. Sellers v. Baer, 28 F.3d 895 (8th Cir. 1994).publishedSee Gregory, 974 F.2d at 1010 ; Wells v. Walker, 852 F.2d 368, 370 (8th Cir.1988), cert. denied, 489 U.S. 1012 , 109 S.Ct. 1121 , 103 L.Ed.2d 184 (1989).
- Dorothy J. v. Little Rock Sch. Dist., 7 F.3d 729 (8th Cir. 1993).published “when the state affirmatively places a particular individual in a position of danger the individual would not otherwise have been in”
- Gregory v. City of Rogers, 974 F.2d 1006 (8th Cir. 1992).published Baker v. McCollan, 443 U.S. 137, 140 , 99 S.Ct. 2689, 2692 , 61 L.Ed.2d 433 (1979); Wells v. Walker, 852 F.2d 368, 370 (8th Cir.1988), cert. denied, 489 U.S. 1012 , 109 S.Ct. 1121 , 103 L.Ed.2d 184 (1989). 9 The Fourteenth Amendment Due Pr…
- Dorothy J. v. Little Rock Sch. Dist., 794 F. Supp. 1405 (E.D. Ark. 1992).published“possessed a right arising under the fourteenth amendment to be protected by the state from harm inflicted by a third party”
- Lloyd T. Danielsen v. Burnside-Ott Aviation Training Ctr., Inc., 941 F.2d 1220 (D.C. Cir. 1991).publishedWells v. Walker, 852 F.2d 368, 370 (8th Cir.1988), cert. denied, 489 U.S. 1012 , 109 S.Ct. 1121 , 103 L.Ed.2d 184 (1989); North Star Int’l v. Arizona Corp. Comm’n, 720 F.2d 578, 580 (9th Cir.1983).
- Cornelius v. Town of Highland Lake, 880 F.2d 348 (11th Cir. 1989).published
- Shrum ex rel. Kelly v. Kluck, 85 F. Supp. 2d 950 (D. Neb. 2000).published
At page 369 Analyzing substantive due process claims and procedural rules17 citing casesno due process violation where department of corrections transported and left prisoner--who had been released early because of prison overcrowding--at deceased's store to wait for next bus; defendants' failure to discover prisoner's potential for violence was only negligent
- S.S. ex rel. Jervis v. McMullen, 186 F.3d 1066 (8th Cir. 1999).published See, e. g., Greer v. Shoop, 141 F.3d 824, 827-28 (8th Cir. 1998); Gregory v. City of Rogers, 974 F.2d 1006, 1010 (8th Cir. 1992) (en banc), cert. denied, 507 U.S. 913 (1993); Wells v. Walker, 852 F.2d 368, 369-70 (8th Cir. 1988), cert. den…
- Est. of Williams by Williams v. Quorum Court of Jackson Cnty., Ark., 107 F.3d 875 (8th Cir. 1997).unpublished(no due process violation where department of corrections transported and left prisoner--who had been released early because of prison overcrowding--at deceased's store to wait for next bus; defendants' failure to discov…)
- Est. of Williams v. Quorum Court, No. 95-4171 (8th Cir. Feb. 12, 1997).unpublished(no due process violation where department of corrections transported and left prisoner--who had been released early because of prison overcrowding--at deceased's store to wait for next bus; defendants' failure to discov…)
- Sharps v. United States Forest Serv., 28 F.3d 851 (8th Cir. 1994).published Alexander v. Peffer, 993 F.2d 1348, 1349 (8th Cir.1993) (citing Wells v. Walker, 852 F.2d 368, 369-70 (8th Cir.1988), cert. denied, 489 U.S. 1012 , 109 S.Ct. 1121 , 103 L.Ed.2d 184 (1989)).
- Jane Alexander v. Walter Peffer, 993 F.2d 1348 (8th Cir. 1993).publishedWells v. Walker, 852 F.2d 368, 369-70 (8th Cir.1988), cert. denied, 489 U.S. 1012 , 109 S.Ct. 1121 , 103 L.Ed.2d 184 (1989).
- Bruce Ring v. First Interstate Mortg., Inc. Fed. Nat'l Mortg. Ass'n, 984 F.2d 924 (1st Cir. 1993).publishedWells v. Walker, 852 F.2d 368, 369-70 (8th Cir.1988), cert. denied, 489 U.S. 1012 , 109 S.Ct. 1121 , 103 L.Ed.2d 184 (1989).
- Gloria Jean Wheeler v. Hartford Fire Ins. Co. Ret. Plan Russell C. Everett, III, 963 F.2d 377 (8th Cir. 1992).unpublishedThis appeal followed. 5 We review a complaint de novo after a Rule 12(b)(6) dismissal by the district court, accepting as true all well-pleaded allegations and construing the complaint and all inferences drawn from it in the light most fav…
- Gregory Forest v. Sharon J. Morfick, 962 F.2d 12 (8th Cir. 1992).unpublishedWells v. Walker, 852 F.2d 368, 369-70 (8th Cir. 1988), cert. denied, 489 U.S. 1012 (1989).
- Clark Lee Smith v. Julian Boyd Laverta Barns Gloria Blocker Dav Kovac, 945 F.2d 1041 (8th Cir. 1991).publishedWells v. Walker, 852 F.2d 368, 369-70 (8th Cir.1988), cert. denied, 489 U.S. 1012 , 109 S.Ct. 1121 , 103 L.Ed.2d 184 (1989).
- Collins v. Price, 813 S.W.2d 46 (Mo. Ct. App. 1991).publishedA submissible case for a violation of Due Process requires (1) that appellant “ ‘possessed a right arising under the fourteenth amendment’ ” and (2) that the respondents’ “ ‘conduct deprived [him] of [that right] within the meaning of the…
Show 3 more citing cases
- Gregory v. City of Rogers, 921 F.2d 750 (8th Cir. 1990).published In analyzing appellants’ substantive due process claim, “our task is two-fold.” Wells v. Walker, 852 F.2d 368, 369 (8th Cir.1988), cert. denied, 109 S.Ct. 1121 (1989).
- S. Ezra Austern v. Chicago Bd. Options Exch., Inc., 898 F.2d 882 (2d Cir. 1990).publishedInc., 860 F.2d 890, 893 (9th Cir.), cert. denied, — U.S. -, 109 S.Ct. 1532 , 103 L.Ed.2d 837 (1988); Wells v. Walker, 852 F.2d 368, 369-70 (8th Cir.), cert. denied, — U.S. -, 109 S.Ct. 1121 , 103 L.Ed.2d 184 (1988); Dugan v. Brooks, 818 F.…
- Xerox Corp. v. Genmoora Corp., 888 F.2d 345 (5th Cir. 1989).published
At page 371 Determining sufficiency of factual allegations for constitutional claim14 citing cases“places the plaintiff, unlike members of the general public, in a unique, confrontational encounter with a person whom plaintiffs allege had exhibited violent propensities.”
- Mendoza v. United States Immigr. & Customs Enf't, 849 F.3d 408 (8th Cir. 2017).published“negligent conduct by government officials cannot be the source of a ‘deprivation’ of constitutional rights”
- Tamela Montgomery v. City of Ames, 829 F.3d 968 (8th Cir. 2016).publishedMontgomery has not presented evidence comparable to the allegations in Wells v. Walker, 852 F.2d 368, 371 (8th Cir. 1988), where state officials took action under state law to provide post-release transportation for a prisoner, used a citi…
- Wyatt v. Krzysiak, 82 F. Supp. 2d 250 (D. Del. 1999).publishedSee, e.g., Sellers, 28 F.3d at 900; Reed, 986 F.2d at 1124-25 ; Cornelius v. Town of Highland Lake, 880 F.2d 348, 350 (11th Cir.1989); Wood, 879 F.2d at 588 ; Wells v. Walker, 852 F.2d 368, 371 (8th Cir.1988). 12 .In DUoseph, the district…
- Ellison v. City of Montgomery, 85 F. Supp. 2d 1178 (M.D. Ala. 1999).publishedSee Daniels, 474 U.S. at 333 , 106 S.Ct. at 666 ; see also Cannon v. Taylor, 782 F.2d 947, 950 (11th Cir.1986); Wells v. Walker, 852 F.2d 368, 371 (8th Cir.1988), cert. denied, 489 U.S. 1012 , 109 S.Ct. 1121 , 103 L.Ed.2d 184 (1989).
- Pinder v. Johnson, 54 F.3d 1169 (4th Cir. 1995).published (duty when state brought dangerous prisoners to victim's store)
- Gregory v. City of Rogers, 921 F.2d 750 (8th Cir. 1990).published In analyzing appellants’ substantive due process claim, “our task is two-fold.” Wells v. Walker, 852 F.2d 368, 369 (8th Cir.1988), cert. denied, 109 S.Ct. 1121 (1989).
- Brown v. City of Elba, 754 F. Supp. 1551 (M.D. Ala. 1990).publishedSee also Cannon v. Taylor, 782 F.2d 947, 950 (11th Cir.1986); Wells v. Walker, 852 F.2d 368, 371 (8th Cir.1988), cert. denied, 489 U.S. 1012 , 109 S.Ct. 1121 , 103 L.Ed.2d 184 (1989). 13 . in DeSkaney, the Supreme Court suggested that even…
- Cornelius v. Town of Highland Lake, 880 F.2d 348 (11th Cir. 1989).published
- Sean Moore v. Terry Briggs, 381 F.3d 771 (8th Cir. 2004).published
- Britt v. Little Rock Police Dep't, 721 F. Supp. 189 (E.D. Ark. 1989).published
Show 1 more citing case
- Davis v. Fulton Cnty., 90 F.3d 1346 (8th Cir. 1996).published
v.
Woodson D. WALKER, Bobby L. Roberts, Ph.D., James L. Mason, all individually and in their official capacities as members of the Arkansas State Board of Correction A.L. Lockhart, individually and in his official capacity as Director of the Arkansas Department of Correction and Morris "Jit" H. Dreher and Donald H. Smith, in their capacities as members of the Arkansas State Board of Correction and the Arkansas Department of Correction
Plaintiffs appeal the dismissal under Federal Rule of Civil Procedure 12(b)(6) of their 42 U.S.C. § 1983 action against the Director and an employee of the Arkansas Department of Correction (the Department) and members of the Arkansas State Board of Correction (the Board). See Wells v. Walker, 671 F.Supp. 624, 627 (E.D.Ark.1987). We affirm.
Larry Dean Robertson was released from Department custody under an Arkansas statute authorizing the Board to accelerate the release dates of state prisoners by up to ninety days when specified prison overcrowding conditions are reached. See Ark.Code Ann. §§ 12-28-601 to 12-28-606 (1987). When Robertson was released, he was “providefd] transportation * * * to the closest commercial transportation pick-up point” in conformity with state law. See id. § 12-29-112(b). In this instance, that pick-up point was a store operated by Lá-veme Sanderlin in Dumas, Arkansas, that also served as a bus station.
Plaintiffs’ complaint states two buses ran through Dumas each day, one at 11:54 a.m. and the other at 6:30 p.m. According to the complaint, after Robertson was released he was given a check for twenty-five dollars and dropped off at the Dumas bus station at approximately 6:50 p.m. on April 20, 1987. Robertson did not board a bus the following morning, and at' approximately 1:30 p.m., Robertson murdered Sanderlin at her store.
Plaintiffs are family and representatives of Sanderlin’s estate who seek damages for Sanderlin’s death under section 1983 and state law. Plaintiffs’ suit is based on their claim that defendants’ actions in releasing and transporting Robertson to Sanderlin’s store, without a warning he was dangerous, deprived Sanderlin of her life and infringed her liberty interest in personal security in violation of her substantive due process rights.
Relying on Harpole v. Arkansas Department of Human Services, 820 F.2d 923, 926-27 (8th Cir.1987), the district court concluded no special relationship existed that made Robertson’s conduct while a free man attributable to the state, and consequently, that Sanderlin had no constitutional right to be protected “from [Robertson’s] actions once he was freed.” Wells, 671 F.Supp. at 627. For this reason, the court granted defendants’ motion to dismiss the section 1983 claim and dismissed the pendant state law claims without prejudice. Id. Plaintiffs did not move to amend their complaint, and they took this appeal.
The propriety of granting a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim[*370] is a question of law we review de novo. Morton v. Becker, 793 F.2d 185, 187 (8th Cir.1986). In reviewing the district court’s ruling on the motion, we must accept plaintiffs’ well-pleaded allegations as true and construe the complaint and inferences reasonably drawn from it in favor of plaintiffs. Id. The motion should be denied “unless it appears beyond doubt * * * plaintiff[s] can prove no set of facts [that] would entitle [them] to relief.” Id. .
Our task on this appeal is two-fold. First, we must determine if Sanderlin possessed a right arising under the fourteenth amendment to be protected by the state from harm inflicted by a third party — in this instance, a released criminal. Second, if she possessed this right, we must then decide whether defendants’ conduct deprived her of it within the meaning of the due process clause.
Initially, we must consider defendants’ argument that “there is no constitutionally mandated duty to protect one private citizen from another * * * beyond [the confines of] prison[s] or prison-like environments.” Harpole, 820 F.2d at 927. The district court assumed “Harpole effectively foreclose[d] any argument for [section] 1983 liability predicated upon” a vindicable right to affirmative protection by the state. Wells, 671 F.Supp. at 627. We believe, however, that Harpole's requirement of a prison-related environment is satisfied in this case by the transportation link between the prison and Sanderlin’s store. Thus, we must consider whether plaintiffs have otherwise adequately pleaded circumstances giving rise to a right of protection in favor of Sanderlin.
As they must, plaintiffs acknowledge the general rule that members of the public at large have no constitutional right to be protected by the state against harm inflicted by third parties. See Bowers v. DeVito, 686 F.2d 616, 618 (7th Cir.1982); see also, e.g., Martinez v. California, 444 U.S. 277, 285, 100 S.Ct. 553, 559, 62 L.Ed.2d 481 (1980); Commonwealth Bank & Trust Co., N.A. v. Russell, 825 F.2d 12, 15 (3d Cir.1987); Taylor v. Ledbetter, 818 F.2d 791, 797 (11th Cir.1987) (en banc), petition for cert. filed, 56 U.S.L.W. 3290 (U.S. Sept. 25, 1987) (No. 87-521); Nishiyama v. Dickson County, 814 F.2d 277, 280-81 (6th Cir.1987) (en banc); DeShaney v. Winnebago County Dep’t of Social Servs., 812 F.2d 298, 301 (7th Cir.1987), cert. granted, — U.S. -, 108 S.Ct. 1218, 99 L.Ed.2d 419 (1988); Ketchum v. County of Alameda, 811 F.2d 1243, 1247 (9th Cir.1987); Escamilla v. City of Santa Ana, 796 F.2d 266, 270 (9th Cir.1987); Estate of Gilmore v. Buckley, 787 F.2d 714, 720 (1st Cir.), cert. denied, 479 U.S. 882, 107 S.Ct. 270, 93 L.Ed.2d 247 (1986); Janan v. Trammell, 785 F.2d 557, 560 (6th Cir.1986); Ellsworth v. City of Racine, 774 F.2d 182, 185 (7th Cir.1985), cert. denied, 475 U.S. 1047, 106 S.Ct. 1265, 89 L.Ed.2d 574 (1986); Estate of Bailey v. County of York, 768 F.2d 503, 510 (3d Cir.1985); Jones v. Phyfer, 761 F.2d 642, 646 (11th Cir.1985); Jensen v. Conrad, 747 F.2d 185, 192-93 (4th Cir.1984), cert. denied, 470 U.S. 1052, 105 S.Ct. 1754, 84 L.Ed.2d 818 (1985); Wright v. City of Ozark, 715 F.2d 1513, 1516 (11th Cir.1983); Fox v. Custis, 712 F.2d 84, 88 (4th Cir.1983); Humann v. Wilson, 696 F.2d 783, 784 (10th Cir.1983) (per curiam).
Circuit court decisions examining whether a particular individual, as distinguished from the general public, is entitled to protection by the state from third-party harm generally recognize that the due process clause may be implicated in the following situations: First, when a “special custodial or other relationship[ ] created or assumed by the state” exists between a particular individual and the state, Fox, 712 F.2d at 88; or second, when the state affirmatively places a particular individual in a position of danger the individual would not otherwise have been in, see Bowers, 686 F.2d at 618. See also, e.g., Taylor, 818 F.2d at 797-98; Nishiyama, 814 F.2d at 280-81; DeShaney, 812 F.2d at 303; Ketchum, 811 F.2d at 1247; Escamilla, 796 F.2d at 269; Estate of Gilmore, 787 F.2d at 720-22; Janan, 785 F.2d at 560; Ellsworth, 774 F.2d at 185; Estate of Bailey, 768 F.2d at 509-11; Jones, 761 F.2d at 644-46; Jensen, 747 F.2d at 193-94; Wright, 715 F.2d at 1516; Humann, 696[*371] F.2d at 784. We are in agreement with the other courts of appeals that in these situations an affirmative right to protection by the state may arise in favor of the victim of private violence.
With this background in mind, we must now determine if the factual allegations pleaded in plaintiffs’ complaint are sufficient to invoke a constitutional claim against defendants for their failure to protect Sanderlin from harm inflicted by Robertson. We believe plaintiffs’ complaint adequately pleads the basis of Sanderlin’s right of protection. Plaintiffs allege defendants took action under Arkansas law to provide postrelease transportation for Robertson and to utilize Sanderlin’s store as “the closest commercial transportation pick-up point.” Ark.Code Ann. § 12-29-112(b). These actions had the result of placing Sanderlin, unlike members of the general public, in a unique, confrontational encounter with a person whom plaintiffs allege had exhibited violent propensities. We thus agree with the district court’s assessment that “the allegations of the complaint * * * when taken as true could support a finding of a ‘close relationship’ * * * or the existence of a ‘special danger’ to [Sanderlin]” in the context of a violation of Sanderlin’s due process rights. Wells, 671 F.Supp. at 626.
Having satisfied ourselves that plaintiffs’ complaint adequately alleges Sanderlin possessed a right of protection secured by the fourteenth amendment, we must now decide whether defendants’ conduct deprived her of that right. Based on the allegations of the complaint, we conclude defendants’ conduct did not work a deprivation of Sanderlin’s right within the meaning of the due process clause.
Plaintiffs rely on allegations that defendants did not discover Robertson’s potential for violence because they failed to conduct an adequate background investigation before releasing him. Plaintiffs claim defendants would have given Sanderlin the warning sought in their complaint if defendants had properly screened and processed Robertson for release.
From these factual allegations and all favorable inferences drawn from them, it is evident to us plaintiffs’ section 1983 action is bottomed on a claim of ordinary negligence by the defendants. The Supreme Court, however, has held that negligent conduct by government officials cannot be the source of a “deprivation” of constitutional rights for section 1983 purposes. See Davidson v. Cannon, 474 U.S. 344, 348, 106 S.Ct. 668, 670, 88 L.Ed.2d 677 (1986); Daniels v. Williams, 474 U.S. 327, 330-31, 106 S.Ct. 662, 664-65, 88 L.Ed.2d 662 (1986). We do not believe plaintiffs’ allegations rise to the level of charging defendants with “an abuse of power * * * [and actually allege] no more than a failure to measure up to the conduct of a reasonable person” in processing Robertson's release. Daniels, 474 U.S. at 332, 106 S.Ct. at 665. Therefore, it is “beyond doubt * * * plaintiff[s] can prove no set of facts [that] would entitle [them] to relief,” Morton v. Becker, 793 F.2d 185, 187 (8th Cir.1986), and defendants’ motion to dismiss was properly granted.
We are mindful the Supreme Court in Daniels left open the possibility that “something less than intentional conduct, such as recklessness or ‘gross negligence,’ is enough to trigger the protections of the [d]ue [p]rocess [c]lause” for purposes of a 42 U.S.C. § 1983 action. Daniels, 474 U.S. at 334 n. 3, 106 S.Ct. 667 n. 3. We are not required to explore that issue here because we conclude the descriptions of defendants' conduct in the complaint belie their characterization as anything other than ordinary negligence in making the decision to release Robertson. See Jones v. Sherrill, 827 F.2d 1102, 1106 (6th Cir.1987) (“Negligence does not become ‘gross’ just by saying so.”); see also Tallman v. Reagan, 846 F.2d 494, 495 (8th Cir.1988) (per curiam) (“[G]ross negligence * * * does not implicate the due process clause” in Bivens-type action.). Basically, plaintiffs’ complaint is a statement that with adequate investigation and proper screening, the defendants should have known they were releasing a dangerous individual; but as we recently observed, this kind of pleading “amounts to nothing more than [articulation of] a negli-[*372]genee standard.” Wilson v. Cross, 845 F.2d 163, 165 (8th Cir.1988).
By our decision we intend no opinion on the strength of plaintiffs’ remaining claims under state law, and we do not take lightly the circumstances surrounding Sanderlin’s tragic death. As the Supreme Court stated in Daniels: “That injuries inflicted by governmental negligence are not addressed by the United States Constitution is not to say that they may not raise significant legal concerns and lead to the creation of protec-tible legal interests. * * * [Injuries caused by such negligence should generally be redressed.” Daniels, 474 U.S. at 333, 106 S.Ct. at 666. In the context of a section 1983 cause of action, when “a government official’s act causing injury to life, liberty, or property is merely negligent, ‘no procedure for compensation is constitutionally required.’ ” Id. (quoted citation omitted) (emphasis in original).
The district court’s dismissal of plaintiffs’ complaint is affirmed.