Legal Opinion

Joseph Walton, as Next Friend of Christopher Walton, a Minor v. Alma Alexander, Alma Alexander

Court of Appeals for the Fifth Circuit

Decided February 17, 1995No. 93-7313PublishedCited by 143 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

[Njothing in the language of the Due Process Clause itself requires the State to *1299protect the life, liberty, and property of its citizens against invasion by private actors. The Clause is phrased as a limitation on the State’s power to act, not as a guarantee of certain minimal levels of safety and security. It forbids the State itself to deprive individuals of life, liberty, or property without ‘due process of law,’ but its language cannot fairly be extended to impose an affirmative obligation on the State to ensure that those interests do not come to harm…

2Cases cited31 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Estelle v. GambleSupreme Court of the United States · 1976
  3. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  4. Mitchell v. ForsythSupreme Court of the United States · 1985
  5. Daniels v. WilliamsSupreme Court of the United States · 1986

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

3Cited by143 opinions

  1. Piotrowski v. City of HoustonCourt of Appeals for the Fifth Circuit · 2001
  2. Lanman v. HinsonCourt of Appeals for the Sixth Circuit · 2008
  3. Barbara Coleman v. Houston Independent School District, Anita EllisCourt of Appeals for the Fifth Circuit · 1997
  4. Peter Clayton McClendon v. City of Columbia, City of Columbia James R. CarneyCourt of Appeals for the Fifth Circuit · 2002
  5. Hare v. City of Corinth, Miss.Court of Appeals for the Fifth Circuit · 1996

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

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