Mario Henry v. City of Erie

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this appeal from a motion to dismiss plaintiffs’ § 1983 claim, we must determine whether state officials’ approval and subsidization of an apartment for the Section 8 housing program, even though the apartment allegedly failed to comply with Section 8’s Housing Quality Standards, constitutes a state-created danger toward the apartment’s tenant and her guest in violation of their substantive due process rights under the United States Constitution.

Accepting plaintiffs’ plausible factual allegations as true for the purpose of this appeal, we do not…