Legal Opinion

T.D. v. Patton

Court of Appeals for the Tenth Circuit

Decided August 28, 2017No. 16-1092PublishedCited by 131 opinions

1Opinion of the Court

MATHESON, Circuit Judge.

T.D. sued Kelcey Patton under 42 U.S.C. § 1983 for violating his right to substantive due process. He relies on a “danger-creation theory,” which provides that “state officials can be liable for the acts of third parties where those officials created the danger that caused the harm.” Currier v. Doran, 242 F.3d 905, 917 (10th Cir. 2001) (quotations-omitted).1

Ms. Patton, a social worker for the Denver Department of Human Services (“DDHS”), was one of those responsible for removing T.D., a minor at the time, from his mother’s home, placing him into DDHS’s custody, and…

2Cases cited28 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. Pearson v. CallahanSupreme Court of the United States · 2009
  5. Anderson v. CreightonSupreme Court of the United States · 1987

23 more not listed; retrieve them via the Exa API.

3Cited by131 opinions

  1. Doe v. WoodardCourt of Appeals for the Tenth Circuit · 2019
  2. Knopf v. WilliamsCourt of Appeals for the Tenth Circuit · 2018
  3. Matthews v. BergdorfCourt of Appeals for the Tenth Circuit · 2018
  4. Leiser v. MooreCourt of Appeals for the Tenth Circuit · 2018
  5. Fenn v. City of Truth or ConsequencesCourt of Appeals for the Tenth Circuit · 2020

126 more not listed; retrieve them via the Exa API.

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