Legal Opinion
Brozusky Ex Rel. Brozusky v. Hanover Tp.
District Court, M.D. Pennsylvania
Decided September 20, 2002No. 3:CV-01-1326PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM
VANASKIE, Chief Judge.
The dispositive issue in this case is whether local government entities may be held liable under 42 U.S.C. § 1983 for failing to take action that purportedly would have minimized the risk of a child being struck by an automobile when arriving late for school. While there may be liability under the state law of negligence, the alleged failure of defendants Hanover Township and the Hanover Area School District (the “School District”) to protect the minor plaintiff from the negligence of third-party motorists does not violate the Due Process Clause of the…
2Cases cited25 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Conley v. GibsonSupreme Court of the United States · 1957
- Daniels v. WilliamsSupreme Court of the United States · 1986
- County of Sacramento v. LewisSupreme Court of the United States · 1998
- In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
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3Cited by2 opinions
- Gardner v. Luzerne CountyDistrict Court, M.D. Pennsylvania · 2009
- Estate of Viola v. Township of BensalemDistrict Court, E.D. Pennsylvania · 2015