White v. Lemacks, 183 F.3d 1253 (11th Cir. 1999). · Go Syfert
White v. Lemacks, 183 F.3d 1253 (11th Cir. 1999). Cases Citing This Book View Copy Cite
178 citation events (174 in the last 25 years) across 27 distinct courts.
Strongest positive: Lorena Cundari and Michele Piszczor v. The City of Pharr, Texas (txsd, 2026-03-31)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Lorena Cundari and Michele Piszczor v. The City of Pharr, Texas
S.D. Tex. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
hen someone not in custody is harmed because too few resources were devoted to their safety and protection, that harm will seldom, if ever, be cognizable under the due process clause.
examined Cited as authority (verbatim quote) Sterling v. City of Jackson (5×) also: Cited as authority (rule), Cited "see"
5th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
the law on substantive due process when a citizen who is not in custody claims that a governmental unit, agency, or official has caused her harm is supplied by the collins decision.
examined Cited as authority (verbatim quote) Jefferson County v. Acker
11th Cir. · 1995 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
enough is enough. like a favorite uncle who has passed away in the parlor, cornelius needs to be interred. we do so now. recognizing that it was dealt a fatal blow by collins, we pronounce cornelius dead and buried.
examined Cited as authority (quoted) Sumpter v. Butler
S.D. Ala. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence low
he only relationships that automatically give rise to a governmental duty to protect individuals from harm by third parties under the substantive due process clause are custodial relationships, such as those which arise from the incarceration of prisoners . . ..
discussed Cited as authority (quoted) Sterling v. The City of Jackson, Mississippi
S.D. Miss. · 2024 · quote attribution · 1 verbatim quote · confidence low
hen someone not in custody is harmed because too few resources were devoted to their safety and protection, that harm will seldom, if ever, be cognizable under the due process clause.
discussed Cited as authority (rule) Sean T. Wright v. 15th District Palm Beach County State Attorney's Office
11th Cir. · 2026 · confidence medium
Custodial relationships arise from incarceration “or other forms of involuntary confinement through which the government deprives individuals of their liberty and thus of their ability to take care of themselves.” White v. Lemacks, 183 F.3d 1253, 1257 (11th Cir. 1999).
discussed Cited as authority (rule) Marlon Marcano and Yma Su-Ling Scarbriel v. Samir Paulino, Kenneth Dale, and John Mina (2×)
M.D. Fla. · 2025 · confidence medium
Plaintiffs assert that Defendants’ actions were arbitrary.4 (Dkt. 87 at 21–22; Dkt. 89 at 20–21.) However, “only the most egregious official conduct can be said to be arbitrary in the constitutional sense.” Lewis, 523 U.S. at 846 (quotations omitted). “[T]hat standard is to be narrowly interpreted and applied.” White v. Lemacks, 183 F.3d 1253, 1259 (11th Cir. 1999).
examined Cited as authority (rule) Omar v. Hillsborough County Public School District (4×) also: Cited "see"
M.D. Fla. · 2025 · confidence medium
However, in White, the Eleventh Court ruled that the “only relationships” that give rise to a governmental duty to protect individuals from harm “under the substantive due process clause are custodial relationships, such as those which arise from the incarceration of prisoners or other forms of involuntary confinement through which the government deprives individuals of their liberty and thus of their ability to take care of themselves.” See White v. Lemacks, 183 F.3d 1253, 1257 (11th Cir. 1999).
discussed Cited as authority (rule) Hardin v. Oakley Transport Inc.
M.D. Fla. · 2025 · confidence medium
“If upon reviewing the pleadings it is clear that the plaintiff would not be entitled to relief under any set of facts that could be proved consistent with the allegations, the court should dismiss the complaint.” Id. (citing White v. Lemacks, 183 F.3d 1253, 1255 (11th Cir. 1999)).
discussed Cited as authority (rule) Cain v. Calloway
M.D. Ala. · 2025 · confidence medium
He alleges that the Defendants (1) knew of the risks he faced at Elmore; (2) were aware of the risks posed by Cannon; (3) consciously disregarded these risks; and (4) that this conscious disregard directly and proximately caused Cain’s injuries. “[C]ustodial relationships” “automatically give rise to a governmental duty to protect individuals from harm by third parties under the substantive due process clause.” White v. Lemacks, 183 F.3d 1253, 1257 (11th Cir. 1999).
cited Cited as authority (rule) Pettway v. Amazon Fulfillment Center
M.D. Fla. · 2024 · confidence medium
Id. (citing White v. Lemacks, 183 F.3d 1253, 1255 (11th Cir. 1999)).
discussed Cited as authority (rule) Saunders v. City of Lakeland, Florida (2×) also: Cited "see"
M.D. Fla. · 2024 · confidence medium
A constitutional violation may exist, however, where a special relationship between a municipality and a person exists, White v. Lemacks, 183 F.3d 1253, 1258 (11th Cir. 1999), or where harm resulted from conduct by the municipality that was “arbitrary or conscience shocking in the constitutional sense.” Waddell v. Hendry Cnty.
discussed Cited as authority (rule) Colbert v. University of South Alabama
S.D. Ala. · 2024 · confidence medium
Ed. 2d 1043 (1998) (citations omitted); White v. Lemacks, 183 F.3d 1253, 1259 (llth Cir. 1999) (holding that only conduct that is “arbitrary, or conscience shocking, in a constitutional sense,” violates of substantive due process, “and that standard is to be narrowly interpreted and applied.”) The Supreme Court has acknowledged that “the measure of what is conscience-shocking is no calibrated yard stick.” Cty. of Sacramento v. Lewis, 523 U.S. 833, 847 , 118 S.Ct. 1708 , 140 L.
cited Cited as authority (rule) 84Partners, LLC v. General Dynamics Electric Boat
11th Cir. · 2023 · confidence medium
White v. Lemacks, 183 F.3d 1253, 1255 (11th Cir. 1999).
discussed Cited as authority (rule) Jose Murguia v. Heather Langdon
9th Cir. · 2023 · confidence medium
Est. of B.I.C. v. Gillen, 761 F.3d 1099, 1105 (10th Cir. 2014). 11th Cir. Substantive due process violation if State’s conduct is “arbitrary, or conscience shocking.” White v. Lemacks, 183 F.3d 1253, 1258 (11th Cir. 1999).
discussed Cited as authority (rule) Schaap v. Arcuri
N.D. Ind. · 2023 · confidence medium
Fla. Mar. 29, 2010) (citing White v. Lemacks, 183 F.3d 1253, 1257 (11th Cir. 1999) (“[T]he only relationships that automatically give rise to a governmental duty to protect individuals from harm by third parties under the substantive due process clause are custodial relationships, such as those which arise from the incarceration of prisoners or other forms of involuntary confinement through which the government deprives individuals of their liberty and thus of their ability to take care of themselves.”)).
discussed Cited as authority (rule) Pilcher v. Dunn
N.D. Ala. · 2023 · confidence medium
Indeed, the Eleventh Circuit has found that “the only relationships that automatically give rise to a governmental duty to protect individuals from harm by third parties under the substantive due process clause are custodial relationships, such as those which arise from the incarceration of prisoners.” White v. Lemacks, 183 F.3d 1253, 1257 (11th Cir. 1999).
cited Cited as authority (rule) JOHNSON v. CITY OF BIDDEFORD POLICE DEPARTMENT
D. Me. · 2023 · confidence medium
Sheriff’s Off., 329 F.3d 1300, 1305 (11th Cir. 2003); White v. Lemacks, 183 F.3d 1253, 1258 (11th Cir. 1999).
discussed Cited as authority (rule) DeMarcus v. University of South Alabama
S.D. Ala. · 2023 · confidence medium
Ed. 2d 1043 (1998) (citations omitted); White v. Lemacks, 183 F.3d 1253, 1259 (llth Cir. 1999) (holding that only conduct that is “arbitrary, or conscience shocking, in a constitutional sense,” violates of substantive due process, “and that standard is to be narrowly interpreted and applied.”) The Supreme Court has acknowledged that “the measure of what is conscience-shocking is no calibrated yard stick.” Cty. of Sacramento v. Lewis, 523 U.S. 833, 847 , 118 S.Ct. 1708 , 140 L.
discussed Cited as authority (rule) D'Erica Thomas v. City of Americus, GA
11th Cir. · 2023 · confidence medium
Municipal governments may “be held liable for substantive due process violations for their failure to protect victims from harm caused by third parties where the state had a ‘special relationship’ with the victim.” White v. Lemacks, 183 F.3d 1253, 1256 (11th Cir. 1999).
discussed Cited as authority (rule) Bauer v. Chronister (2×) also: Cited "see"
M.D. Fla. · 2022 · confidence medium
Collins, 503 U.S. at 128 ; White v. Lemacks, 183 F.3d 1253, 1257-58 (11th Cir. 1999) (describing that standard as “somewhat amorphous”).
discussed Cited as authority (rule) New York State Correctional Officers and Police Benevolent Association, Inc. v. Hochul
N.D.N.Y. · 2022 · confidence medium
But see Slaughter v. Mayor & City Council of Baltimore, 682 F.3d 317, 322 (4th Cir. 2012) (holding that Collins bars the state- created danger exception from applying to governmental workplaces); White v. Lemacks, 183 F.3d 1253, 1258 (11th Cir. 1999) (same). actor disregarded a known or obvious consequence of his action." Bd. of Cty.
discussed Cited as authority (rule) Yates v. Mack
S.D. Ala. · 2021 · confidence medium
LEXIS 150925 at *18, 2017 WL 4119625 at *7 (citing White v. Lemacks, 183 F.3d 1253, 1259 (11th Cir. 1999)(emphasis added, internal quotation marks omitted)); see also McCants, 2017 WL 4456727 at *5 (“in non- custodial circumstances, only a purpose to cause harm unrelated to the legitimate object of law enforcement satisfies the element of arbitrary conduct shocking to the conscience that is necessary for a due process violation.”)(citing Daniel v. Hancock Cnty.
cited Cited as authority (rule) L.S. v. Scot Peterson
11th Cir. · 2020 · confidence medium
White v. Lemacks, 183 F.3d 1253, 1257 (11th Cir. 1999).
discussed Cited as authority (rule) Sivan Sheree Walker v. Donna Tennison
11th Cir. · 2020 · confidence medium
These speculative allegations, without more, are not enough to plausibly “suggest [a] conspiracy.” See Twombly, 550 U.S. at 557 . 13 USCA11 Case: 20-10391 Date Filed: 12/07/2020 Page: 14 of 15 Second, the Walkers argue that the agency employees’ conduct independently violated their due process rights because it was “arbitrary or conscience shocking in the constitutional sense.” White v. Lemacks, 183 F.3d 1253, 1257 (11th Cir. 1999).
discussed Cited as authority (rule) Riley v. Jefferson County Board of Education
N.D. Ala. · 2020 · confidence medium
The Eleventh Circuit has held that “when someone not in custody is harmed because too few resources were devoted to their safety and protection, that harm will seldom, if ever, be cognizable under the Due Process Clause.” White v. Lemacks, 183 F.3d 1253, 1258 (11th Cir. 1999).
cited Cited as authority (rule) Groover v. Polk County Board of County Commissioners
M.D. Fla. · 2020 · confidence medium
White v. Lemacks, 183 F.3d 1253, 1259 (11th Cir. 1999).
examined Cited as authority (rule) Speakman v. Williams (3×) also: Cited "see", Cited "see, e.g."
D. Del. · 2020 · confidence medium
Circuits have noted, “defendants may have a duty under state law to provide a working environment free from unreasonable risks of harm, but they have no duty to do so under the Constitution.” Kaucher, 455 F.3d at 436 (citing Washington, 802 F.2d at 1481 ); see also Eddy, 256 F.3d at 212-13 (“[W]e understand Collins to mean that . . . the Due Process Clause does not reach a public employee’s ordinary breach of its duty of care relative to its employees.”); Estate of Phillips, 455 F.3d at 408 & n.13 (holding that although “the Constitution does not provide a basis for holding [the fi…
discussed Cited as authority (rule) WALKER v. DIXON
M.D. Ga. · 2020 · confidence medium
And Plaintiffs do not allege facts to suggest that the DFCS Defendants independently violated Plaintiffs’ constitutional rights. “[I]f the plaintiff alleging the rights violation is in no custodial relationship with the state, then state officials can violate the plaintiff’s substantive due process rights only when the officials cause harm by engaging in conduct that is ‘arbitrary, or conscious shocking, in a constitutional sense.’” Braddy, 673 F.3d at 1318 (quoting White v. Lemacks, 183 F.3d 1253, 1259 (11th Cir. 1999)). “[O]nly the most egregious official conduct can be said to…
discussed Cited as authority (rule) Sanders v. Boutwell
M.D. Ala. · 2019 · confidence medium
As to the “special danger” theory, it was formerly recognized in the Eleventh Circuit “where the state, through its affirmative acts, put the victim in ‘special danger’ of harm.” White v. Lemacks, 183 F.3d 1253, 1255 (11th Cir. 1999).
discussed Cited as authority (rule) Nichols v. Livingston County
W.D.N.Y. · 2019 · confidence medium
As the Eleventh Circuit noted in Waddell, that court no longer applies “the ‘special relationship’ and ‘special [state-created] danger’ doctrines,” and has not done 215 - so since 1999. (id. at 1305 (citing White v. Lemacks, 183 F.3d 1253, 1257-59 (11th Cir.1999)).
discussed Cited as authority (rule) David A. Daniel v. Hancock County School District (2×) also: Cited "see"
11th Cir. · 2015 · confidence medium
Force is conscience-shocking under the Fourteenth Amendment only where it is used “maliciously and sadistically to cause harm.” Fennell v. Gilstrap, 559 F.3d 1212, 1217 (11th Cir.2009). “[T]his standard ‘is to be narrowly interpreted and applied,’ such that ‘even intentional wrongs seldom violate the Due Process Clause.’ ” Doe v. Braddy, 673 F.3d 1313, 1318 (11th Cir.2012) (quoting White v. Lemacks, 183 F.3d 1253, 1259 (11th Cir.1999), and Waddell v. Hendry Cty.
cited Cited as authority (rule) Hill ex rel. BHJ v. Madison County School Board
N.D. Ala. · 2013 · confidence medium
See Id. at 1204-1205; White v. Lemacks, 183 F.3d 1253, 1257 (11th Cir.1999).
discussed Cited as authority (rule) Jose Alberto Perez-Guerrero v. U.S. Attorney General (2×)
11th Cir. · 2013 · confidence medium
We have explained that “only custodial relationships automatically give rise to a governmental duty, under substantive due process, to protect persons from harm by third parties.” Doe v. Braddy, 673 F.3d 1313, 1318 (11th Cir. 2012). “[I]f the plaintiff alleging the rights violation is in no custodial relationship with the state, then state officials can violate the plaintiff’s substantive due process rights only when the officials cause harm by engaging in conduct that is ‘arbitrary, or consci[ence] shocking, in a constitutional sense.’” Id. (quoting White v. Lemacks, 183 F.3d 12…
discussed Cited as authority (rule) JoAnn Cooper v. Ryan Black
11th Cir. · 2012 · confidence medium
If Officer Black’s actions did not constitute a seizure of Appellees, then the non-custodial nature of the interaction precludes liability unless Officer Black’s actions were “arbitrary or conscience shocking.” White v. Lemacks, 183 F.3d 1253, 1257 (11th Cir. 1999) (quoting Collins v. City of Harker Heights, 503 U.S. 115, 128 , 112 S. Ct. 1061, 1070 (1992)).
discussed Cited as authority (rule) Cone Financial Group, Inc. v. Employers Insurance Company of Wausau
11th Cir. · 2012 · confidence medium
“If upon reviewing the pleadings it is clear that the plaintiff would not be entitled to relief under any set of facts that could be proved consistent with the allegations, the court should dismiss the complaint.” Horsley v. Rivera, 292 F.3d 695, 700 (11th Cir.2002) (citing White v. Lemacks, 183 F.3d 1253, 1255 (11th Cir.1999)).
cited Cited as authority (rule) Doe Ex Rel. Doe v. Braddy
11th Cir. · 2012 · confidence medium
White v. Lemacks, 183 F.3d 1253, 1257 (11th Cir.1999).
cited Cited as authority (rule) United States Ex Rel. Matheny v. Medco Health Solutions, Inc.
11th Cir. · 2012 · confidence medium
Corsello, 428 F.3d at 1012 ; White v. Lemacks, 183 F.3d 1253, 1255 (11th Cir.1999).
cited Cited as authority (rule) Lucas Matheny v. Medco Health Solutions, Inc.
11th Cir. · 2012 · confidence medium
Corsello, 428 F.3d at 1012 ; White v. Lemacks, 183 F.3d 1253, 1255 (11th Cir. 1999).
cited Cited as authority (rule) Gene Klusmeier v. Bell Constructors, Inc.
11th Cir. · 2012 · confidence medium
Corsello, 428 F.3d at 1013 ; White v. Lemacks, 183 F.3d 1253, 1255 (11th Cir.1999).
cited Cited as authority (rule) Bingham v. Thomas
11th Cir. · 2011 · confidence medium
White v. Lemacks, 183 F.3d 1253, 1255 (11th Cir.1999).
discussed Cited as authority (rule) Charlton H. Forrester, Jr. v. Timothy Stanley
11th Cir. · 2010 · confidence medium
Our circuit has also reiterated the narrowness of the DeShaney opinion, noting that “it appears the only relationships that automatically give rise to a governmental duty to protect individuals from harm by third parties under the substantive due process clause are custodial relationships, such as those which arise from the incarceration of prisoners or other forms of involuntary confinement through which the government deprives individuals of their liberty and thus of their ability to take care of themselves.” White v. Lemacks, 183 F.3d 1253, 1257 (11th Cir.1999).
cited Cited as authority (rule) Michael David Denney v. Cynthia Nelson
11th Cir. · 2009 · confidence medium
White v. Lemacks, 183 F.3d 1253, 1255 (11th Cir. 1999).
cited Cited as authority (rule) Cynthia Hall v. Myron Freeman
11th Cir. · 2008 · confidence medium
Hardy v. Regions Mortgage, Inc., 449 F.3d 1357, 1359 (11th Cir.2006); White v. Lemacks, 183 F.3d 1253, 1255 (11th Cir.1999).
cited Cited as authority (rule) Robert E. Noell, Jr. v. Bob White
11th Cir. · 2006 · confidence medium
White v. Lemacks, 183 F.3d 1253, 1255 (11th Cir.1999).
cited Cited as authority (rule) Sylvia Vaughn v. City Of Athens
11th Cir. · 2006 · confidence medium
White v. Lemacks, 183 F.3d 1253, 1255 (11th Cir.1999).
discussed Cited as authority (rule) Garrett Ex Rel. Estate of Garrett v. Unum Life Insurance Co. of America
M.D. Ga. · 2005 · confidence medium
“If upon reviewing the pleadings it is clear that the plaintiff would not be entitled to relief under any set of facts that could be proved consistent with the allegations, the court should dismiss the complaint.” Id. (citing White v. Lemacks, 183 F.3d 1253, 1255 (11th Cir.1999)).
discussed Cited as authority (rule) BlueCross BlueShield of South Carolina v. Carillo
N.D. Ga. · 2005 · confidence medium
When considering a motion to dismiss, the Court “must accept the allegations in the complaint as true, construing them in the light most favorable to the plaintiffs.” White v. Lemacks, 183 F.3d 1253, 1255 (11th Cir.1999).
examined Cited as authority (rule) Griffin v. Troy State University (6×) also: Cited "see"
M.D. Ala. · 2004 · confidence medium
In White v. Lemacks, 183 F.3d 1253, 1257 (11th Cir.1999), the Eleventh Circuit stated that after Collins it appears that the only relationships that automatically give rise to a governmental duty to protect individuals from harm by third parties under the substantive due process clause are custodial relationships, arising from involuntary confinement through which the government deprives individuals of their liberty.
discussed Cited as authority (rule) Williams v. Mohawk Industries, Inc.
N.D. Ga. · 2004 · confidence medium
When considering a motion to dismiss, the Court “must accept the allegations in the complaint as true, construing them in the light most favorable to the plaintiffs.” White v. Lemacks, 183 F.3d 1253, 1255 (11th Cir.1999).
Retrieving the full opinion text from the archive…
Phyllis WHITE, Acting as Administrator for the Estate of Jean Danison, William Rostad, Acting as Administrator for the Estate of Jean Danison, Plaintiffs-Appellants,
v.
Bill LEMACKS, Individually and in His Official Capacity as Former Sheriff of Clayton County, Georgia, Stanley Tuggle, Individually and in His Official Capacities as Sheriff and Deputy Sheriff of Clayton County, Georgia, Clayton County, Georgia, Defendants-Appellees
98-9513.
Court of Appeals for the Eleventh Circuit.
Aug 10, 1999.
183 F.3d 1253
Robert F. Webb, Kris Skaar, Marietta, GA, for Plaintiffs-Appellants., Don R. Foster, Jonesboro, GA, for Defendants-Appellees.
Carnes, Hill, Hoeveler.
Cited by 87 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 90%
Citer courts: S.D. Alabama (1) · S.D. Mississippi (1)
CARNES, Circuit Judge:

Plaintiffs William Rostad, acting as administrator for the estate of Jean Danison, and Phyllis White appeal the district court’s dismissal of their 42 U.S.C. § 1983 complaint against the defendants, who are Clayton County Sheriff Billy Lemacks, Deputy Sheriff Stanley Tuggle, and Clayton County, Georgia. The district court dismissed the complaint for failure to state a claim upon which relief may be granted. For the reasons set forth below, we affirm the district court’s judgment.

I. BACKGROUND

A. FACTS

According to the amended complaint, White and Danison were nurses in the employ of Prison Health Services, Inc., which was under contract to provide medical services to the inmate population at the Clayton County Jail. As a condition of their job, and while performing their nursing duties at the jail, they were required to be in close contact with inmates and their freedom of movement and ability to flee or otherwise protect themselves were limited. Although they had received assurances from agents of the defendants that adequate security measures would be in place to protect them from injury, in fact, inade-^ quate steps were taken to protect them.

On July 23, 1996', while carrying out their nursing duties in the jail infirmary, White and Danison were attacked and brutally beaten by an inmate who was being held on aggravated assault charges. During the attack, White’s head was slammed repeatedly against the floor while the inmate threatened to kill her. She was physically beaten about the head and body. Danison, too, was physically beaten by the inmate. At the time of the attack, one deputy sheriff had been assigned for White and Danison’s protection, but that deputy was easily subdued. The attack continued until additional law enforcement personnel responded and the inmate was restrained.

B. PROCEDURAL HISTORY

In their initial complaint, plaintiffs brought claims against Sheriff Lemacks and Deputy Sheriff Tuggle in their individual and official capacities, and against Clayton County, Georgia, for substantive[*1255] due process violations under both the Fifth and Fourteenth Amendments to the United States Constitution. The complaint also alleged violations of Georgia law and sought punitive damages.

Defendants responded with a motion to dismiss for failure to state a claim upon which relief could be granted under Federal Rule of Civil Procedure 12(b)(6). Their motion argued that the defendants did not owe plaintiffs a duty to protect them from a third party and did not have a constitutional obligation to provide a safe workplace. It also asserted that all of the defendants had qualified immunity, sovereign immunity, or official immunity, and that the request for punitive damages should be dismissed. Plaintiffs filed a motion to amend, attaching the proposed amended complaint. The amended complaint alleged additional facts, and it dropped the Fifth Amendment substantive due process claims and the Georgia law claims. The district court granted the plaintiffs’ motion to amend the complaint, but also granted the defendants’ motion to dismiss the remaining claims for failure to state a claim. The plaintiffs appeal the dismissal of their Fourteenth Amendment substantive due process claims.

II. DISCUSSION

We review de novo the district court’s dismissal of a complaint for failure to state a claim upon which relief could be granted. See Republic of Panama v. BCCI Holdings (Luxembourg) S.A., 119 F.3d 935, 948 (11th Cir.1997). When considering a Rule 12(b)(6) motion to dismiss, a court must accept the allegations in the complaint as true, construing them in the light most favorable to the plaintiffs. See Roberts v. Florida Power & Light Co., 146 F.3d 1305, 1307 (11th Cir.1998), cert. denied, - U.S. -, 119 S.Ct. 1027, 143 L.Ed.2d 38 (1999). We have done that in setting out the facts, above. A Rule 12(b)(6) motion should be granted only if it appears beyond doubt that the plaintiffs can prove no set of facts in support of their allegations which would entitle them to relief. See id.

We are bound to follow prior panel decisions, except where they have been overruled either by an en banc decision of this Court or a decision of the Supreme Court. See, e.g., United States v. Steele, 147 F.3d 1316, 1317-18 (11th Cir.1998) (en banc); United States v. Hogan, 986 F.2d 1364, 1369 (11th Cir.1993). This case involves the second part of that exception.

In Cornelius v. Town of Highland Lake, 880 F.2d 348 (11th Cir.1989), we said that state and local government entities could be held liable for substantive due process violations for their failure to protect victims from harm caused by third parties where the state had a “special relationship” with the victim, or where the state, through its affirmative acts, put the victim in “special danger” of harm. Our holding in Cornelius is best described against the specific facts of that case. Plaintiff Harriet Cornelius was working at the Highland Lake town hall as the Town Clerk when she was abducted at knife point by two prison inmates and forced to accompany them for three days, during which time they terrorized her with threats of physical violence. The inmates were in the vicinity of town hall because the Town of Highland Lake had requested the Alabama Department of Corrections to provide inmate work squads to the town for maintenance and public works purposes. Despite the Department’s policy that only nonviolent, “minimum, custody” property offenders could be assigned to the work squads, one of the attackers approved for the Highland Lake assignment was serving a long sentence for armed robbery and had a history of violent crime. The tools provided to the inmates for their work included axes, picks, machetes, knives, and saws. An unarmed town employee supervised the inmates during their work, see Cornelius, 880 F.2d at 349-50, but the measures employed to protect Cornelius and others who worked at the town hall were clearly inadequate to ensure their safety.

Cornelius brought a suit under § 1983 against the Town of Highland Lake, its[*1256] Mayor, a member of the City Council, and officials of the Department of Corrections, alleging a violation of her substantive due process rights. She claimed that the inmates were able to abduct her only because of the officials’ gross negligence and deliberate indifference to her rights. See id. at 351. The district court granted summary judgment for the defendants, but this Court reversed. Surveying prior cases, we concluded that government officials could be held liable under a substantive due process theory for injuries caused by third parties if there was a “special relationship” between the government and the victim, or if the government created a “special danger” to the victim that resulted in her injuries. See id. at 352-55 (citing Wright v. City of Ozark, 715 F.2d 1513 (11th Cir.1983) for the special relationship doctrine, and Jones v. Phyfer, 761 F.2d 642 (11th Cir.1985) for the special danger doctrine). We concluded in Cornelius that there were genuine issues of material fact, both as to whether a special relationship existed between Cornelius and the town officials and as to whether she faced a special danger from the work squad inmates, see id. at 355-59, which is to say that if she could prove the facts asserted, Cornelius would establish that her substantive due process rights had been violated by the government agencies.

In the special relationship analysis, we noted that “if Mrs. Cornelius wished to continue serving as the town clerk, she had to work in the environment created by the town officials; one that included routine exposure to prison inmates around the town hall.” Id. at 355. We viewed the employment relationship between Cornelius and the town as a special relationship giving rise to a substantive due process duty on the part of the state to protect her from harm.

Under the special danger portion of the analysis, we observed “that the town and prison officials affirmatively acted together in bringing the inmates into the community of Highland Lake via the work squad program.” Id. at 357. Moreover, there was evidence indicating that: (1) the town officials assigned to supervise the prisoners had no training in handling prisoners; (2) the defendants allowed the prisoners access to tools and weapons; and (3) the inmates were often unsupervised and free to roam. See id. at 357-58. That was enough, we thought, to implicate substantive due process under the “special danger” analysis.

Likewise, in this case, working around inmates was a necessary part of the plaintiffs’ job, [1] and they have alleged that these governmental defendants failed to take adequate measures to protect them from the inmates and were deliberately indifferent to their safety. Accordingly, if Cornelius is still good law, these plaintiffs probably have pleaded a valid substantive due process claim. But Cornelius is not the last word on the subject.

Less than three years after our Cornelius decision, the Supreme Court in Collins v. City of Harker Heights, 503 U.S. 115, 127, 112 S.Ct. 1061, 1069, 117 L.Ed.2d 261 (1992), unanimously rejected as “unprecedented” a claim that a government employer had a federal constitutional obligation to provide its employees (as distinguished from individuals such as prisoners whom it had deprived of their liberty) with certain minimal levels of safety and security in the workplace. In that case, an employee of the City of Harker Heights sanitation department died of asphyxia after entering a manhole to unstop a sewer line. His widow brought a § 1983 action alleging that un[*1257] der the Fourteenth Amendment, her husband “had a constitutional right to be free from unreasonable risks of harm to his body, mind and emotions and a constitutional right to be protected from the city of Harker Heights’ custom and policy of deliberate indifference toward the safety of its employees.” Collins, 503 U.S. at 117, 112 S.Ct. at 1064. Her complaint stated that the city had violated that constitutional right by “following a custom and policy of not training its employees about the dangers of working in sewer lines and manholes, not providing safety equipment at jobsites, and not providing safety warnings.” Id.

The Supreme Court read Collins’ claim as advancing two theories. First, that “the Federal Constitution imposes a duty on the city to provide its employees with minimal levels of safety and security in the workplace!.]” Id. at 126, 112 S.Ct. at 1069. Second, that “the city’s ‘deliberate indifference’ to [her husband’s] safety was arbitrary government action that must ‘shock the conscience’ of federal judges.” Id.

In rejecting those two theories, the Court emphasized that consensual employment relationships are different from custodial relationships, which arise from incarceration and other involuntary confinement. It indicated that where noncustodial relationships are involved, the government can be held liable under the substantive due process clause only where an official’s act or omission is “arbitrary! ] or conscience shocking,” id. at 128, 112 S.Ct. at 1070, an indication that was confirmed in County of Sacramento v. Lewis, 523 U.S. 833, -, 118 S.Ct. 1708, 1717, 140 L.Ed.2d 1043 (1998). The Collins Court held that the city’s alleged failure to train or warn its employees about known risks was not arbitrary or conscience shocking in the constitutional sense. 503 U.S. at 128-29, 112 S.Ct. at 1070. The Court explained its reasoning as follows:

Our refusal to characterize the city’s alleged omission in this case as arbitrary in a constitutional sense rests on the presumption that the administration of government programs is based on a rational decisionmaking process that takes account of competing social, political, and economic forces. Decisions concerning the allocation of resources to individual programs, such as sewer maintenance, and to particular aspects of those programs, such as the training and compensation of employees, involve a host of policy choices that must be made by locally elected representatives, rather than by federal judges interpreting the basic charter of Government for the entire country. The Due Process Clause is not a guarantee against incorrect or ill-advised personnel decisions. Nor does it guarantee municipal employees a workplace that is free of unreasonable risks of harm.

Id. (internal quotations and citations omitted).

After Collins, it appears the only relationships that automatically give rise to a governmental duty to protect individuals from harm by third parties under the substantive due process clause are custodial relationships, such as those which arise from the incarceration of prisoners or other forms of involuntary confinement through which the government deprives individuals of their liberty and thus of their ability to take care of themselves. Collins makes it clear that the fact a government employee would risk losing her job if she did not submit to unsafe job conditions does not convert a voluntary employment relationship into a custodial relationship, and therefore does not entitle the employee to constitutional protection from workplace hazards, one of which can be harm caused by third parties. As the Court put it, the Due Process Clause does not guarantee government employees “a workplace that is free of unreasonable risks of harm.” Collins, 503 U.S. at 129, 112 S.Ct. at 1070.

Thus, Collins directly conflicts with and overrules the part of Cornelius holding that a government employment relationship, in and of itself, is a “special relation[*1258] ship” giving rise to a constitutional duty to protect individuals from harm by third parties. As a result, the part of Cornelius adopting, or perpetuating, a “special relationship” doctrine that guarantees government employees constitutional protection from unreasonable risks of harm in the workplace is no longer good law.

That is not the only part of Cornelius felled by Collins. The “special danger” doctrine employed in Cornelius has been supplanted as well. Under Collins, government officials violate the substantive due process rights of a person not in custody only by conduct “that can properly be characterized as arbitrary, or conscience shocking, in a constitutional sense.” Collins, 503 U.S. at 128, 112 S.Ct. at 1070. See also Lewis, 528 U.S. at -, 118 S.Ct. at 1717 (citing Collins). That standard is somewhat amorphous, but the Collins opinion does provide some guidance for applying it.

The opinion reminds us, for example, that the Supreme Court has been “reluctant to expand the concept of substantive due process,” and that judicial self-restraint requires courts to exercise the utmost care in this area. See Collins, 508 U.S. at 125, 112 S.Ct. at 1068. More specifically, we are told in the Collins opinion that when governmental action or inaction reflects policy decisions about resource allocation (as is often the case), those decisions are better made “by locally elected representatives, rather than by federal judges interpreting the basic charter of Government for the entire country.” Id. at 128-29, 112 S.Ct. at 1070. In other words, when someone not in custody is harmed because too few resources were devoted to their safety and protection, that harm will seldom, if ever, be cognizable under the Due Process Clause. Finally, we have the reasoning and holding in Collins that the city’s breach of its duty to provide a safe work environment is not arbitrary or conscience-shocking in a constitutional sense, but instead is “analogous to a fairly typical state-law tort claim.” Id. at 128, 112 S.Ct. at 1070.

In determining whether the conduct alleged in Cornelius or in this case was “arbitrary or conscience shocking” under Collins, it is important to note that the plaintiffs in Collins, Cornelius, and this case did not allege that the defendants had intended to harm them or their relatives. They alleged that the defendants had been, at most, deliberately indifferent to their safety. Although Lewis leaves open the possibility that deliberate indifference on the part of government officials or employees will “shock the conscience” in some circumstances, see 523 U.S. at-, 118 S.Ct. at 1718-20, it is clear after Collins that such indifference in the context of routine decisions about employee or workplace safety cannot carry a plaintiffs case across that high threshold.

As it was in Collins, so it was in Cornelius, and so it is in this case. The decisions to be made by government and its officials were materially identical in all three cases. In Cornelius, the question was whether to provide additional supervision or other protection to employees when prison inmates are working around the job site; in Collins, the question was whether to provide better training and other safeguards to city employees working in hazardous conditions; and, in this case, the question was whether to provide more guards or other safeguards for the protection of nurses working in the jail infirmary. All three questions involved resource-allocation choices better resolved by locally elected representatives than by federal judges. And although all three claims have been dressed up in substantive due process clothing, the naked truth is that they are actually “analogous to [] fairly typical state-law tort claim[s]” that the government or its agents “breached its duty of care ... by failing to provide a safe work environment.” Collins, 503 U.S. at 128, 112 S.Ct. at 1070. All three cases should have the same result, and the Supreme Court in Collins has dictated what that result must be.

[*1259] To summarize, the “special relationship” and “special danger” doctrines applied in our decision in Cornelius are no longer good law, having been superseded by the standard employed by the Supreme Court in Collins. Under Collins, state and local government officials violate the substantive due process rights of individuals not in custody only when those officials cause harm by engaging in conduct that is “arbitrary, or conscience shocking, in a constitutional sense,” and that standard is to be narrowly interpreted and applied. While deliberate indifference to the safety of government employees in the workplace may constitute a tort under state law, it does not rise to the level of a substantive due process violation under the federal Constitution.

One last item of business remains. In the seven years since Collins, we have questioned at least five times whether Cornelius retains any viability after Collins. See Mitchell v. Duval County Sch. Bd., 107 F.3d 837, 838-39 & n. 3 (11th Cir.1997) (“[T]here is some question whether Cornelius ’s special danger theory of liability remains good law” because “Cornelius may not have survived [Collins ].”); Hamilton v. Cannon, 80 F.3d 1525, 1531 n. 6 (11th Cir.1996) (“Cornelius ’ viability is questionable in light of the Supreme Court’s subsequent decision in [Collins ].”); Lovins v. Lee, 53 F.3d 1208, 1211 (11th Cir.1995) (“[T]here is considerable doubt about whether [Cornelius] survives the Supreme Court’s subsequent Collins decision.”); Wooten v. Campbell, 49 F.3d 696, 700 n. 4 (11th Cir.1995) (“There is some question whether this court’s holding in Cornelius survive[s] the Supreme Court’s decision in [Collins].”); Wright v. Lovin, 32 F.3d 538, 541 n. 1 (11th Cir.1994) (“[TJhere is some doubt whether our holding in Cornelius has survived the Supreme Court’s recent holding in [Collins ].”). In the face of the obvious, it seems we have never quite been able to say goodbye to Cornelius, always avoiding the question of whether it has actually left the realm of living precedent in the wake of Collins. We avoided the question in each of the cited cases by factually distinguishing Cornelius in one way or another, and concluding that, even if Cornelius were still good law, the result in the case would be the same, i.e., judgment against the plaintiff.

Enough is enough. Like a favorite uncle who has passed away in the parlor, Cornelius needs to be interred. We do so now. Recognizing that it was dealt a fatal blow by Collins, we pronounce Cornelius dead and buried. The law on substantive due process when a citizen who is not in custody claims that a governmental unit, agency, or official has caused her harm is supplied by the Collins decision, which occupies the field to the exclusion of anything we said about such cases in Cornelius. See also Lewis, 523 U.S. at-, 118 S.Ct. at 1717.

III. CONCLUSION

The district court was correct in granting the defendants’ motion to dismiss for failure to state a claim, because the plaintiffs failed to allege a violation of substantive due process.

AFFIRMED.

1

. Strictly speaking, the plaintiffs were not employees of Clayton County, but were employees of a corporation under contract with the County to provide nursing services to the jail. Nevertheless, they were required as a condition of their employment to work in the jail infirmary, and the parties have treated this situation as equivalent to the plaintiffs having an employment relationship with the County itself. Because doing so does not affect the outcome, and, if anything, favors the plaintiffs who lose this appeal anyway, we will treat these plaintiffs as if they had been employed directly by the County.