Lombardi v. Whitman

JACOBS, Chief Judge.

The five plaintiffs performed search, rescue and clean-up work at the World Trade Center site (the “site”) in the aftermath of the September 2001 terrorist attacks. They allege that the defendants, all of them federal officials, issued reassuring — and knowingly false- — announcements about the air quality in lower Manhattan; that the plaintiffs therefore believed it was safe to work at the site without needed respiratory protection, and did; and that the defendants’ conduct violated plaintiffs’ right to substantive due process. This is an appeal from a February 6, 2006…