Legal Opinion
Joshua Deshaney, a Minor, by His Guardian Ad Litem, Curry First, Esq. And Melody Deshaney v. Winnebago County Department of Social Services
Court of Appeals for the First Circuit
Decided April 21, 1987No. 86-2188PublishedCited by 70 opinions
1Opinion of the Court
POSNER, Circuit Judge.
This appeal requires us to decide whether a reckless failure by Wisconsin welfare authorities to protect a child from a parent’s physical abuse deprives the child of liberty or property within the meaning of the Fourteenth Amendment.
Since the case was dismissed on summary judgment, we state the facts as favorably to the plaintiffs as the record will allow. The principal plaintiff, Joshua De-Shaney, was born in 1979, the son of Melody and Randy DeShaney (Melody is also a plaintiff). Joshua was born in Wyoming, where the DeShaneys then lived and where his mother still…
2Cases cited28 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Ingraham v. WrightSupreme Court of the United States · 1977
- Youngberg v. Romeo Ex Rel. RomeoSupreme Court of the United States · 1982
- Davidson v. CannonSupreme Court of the United States · 1986
23 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989
- Betty J. Archie v. City of Racine, Ronald W. Chiapete, and George W. GieseCourt of Appeals for the Seventh Circuit · 1988
- Mary Pat McDonnell and Thomas W. Boockmeier v. Henry G. Cisneros, Secretary of Housing and Urban DevelopmentCourt of Appeals for the Seventh Circuit · 1996
- Dale S. Rice v. Nova Biomedical Corporation and Robert ChristopherCourt of Appeals for the Seventh Circuit · 1995
- K.H. ex rel. Murphy v. MorganCourt of Appeals for the Seventh Circuit · 1990
65 more not listed; retrieve them via the Exa API.