Schieber v. City of Philadelphia

I agree with much of what Judge Staple-ton has written in his excellent opinion, and concur in its judgment. I write separately, however, first because I take a different view of the Supreme Court’s decision in Johnson v. Jones, 515 U.S. 304, 115 S.Ct. 2151, 132 L.Ed.2d 238 (1995), and second to more fully explain my view of the test for affirmative acts under the “state-created danger” exception contained in DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189, 195, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989).

Judge Stapleton’s opinion interprets Johnson v. Jones to require that…