Losinski v. County of Trempealeau
Court of Appeals for the Seventh Circuit
1Opinion of the Court
CUDAHY, Circuit Judge.
This case involves the scope of liability under the substantive component of the due process clause and Wisconsin negligence law for the alleged failure of a deputy sheriff to protect a domestic violence victim from her husband, who shot and killed her in the deputy’s presence. In DeShaney v. Winnebago County Dep’t of Social Services, 489 U.S. 189, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989), the Supreme Court declared most instances of “private violence” outside the scope of the due process clause. We must determine whether the duty assumed by the deputy falls within the…
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