Topic: it is misuse of state authority, rather than a failure to u… · Go Syfert
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Topic #7358

4 canonical passages across 2 cases, quoted by 49 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from John Bright v. Westmoreland County.

#Case FlagCanonical passage Citers
1 John Bright v. Westmoreland County Anchor
ca3 · 2006
green “it is misuse of state authority, rather than a failure to use it, that can violate the due process clause.” 26
2 John Bright v. Westmoreland County
ca3 · 2006
green “a state actor affirmatively used his or her authority in a way that created a danger to the citizen or that rendered the citizen more vulnerable to danger than had the state not acted at all.” 12
3 John Bright v. Westmoreland County
ca3 · 2006
green “we have never found a state-created danger claim to be meritorious without an allegation and subsequent showing that state authority was affirmatively exercised.” 8
4 Ye v. United States
ca3 · 2007
green “(1) a state actor exercised his or her authority, (2) the state actor took an affirmative action, and (3) this act created a danger to the citizen or rendered the citizen more vulnerable to danger than if the state had not acted at all.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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