D.R. ex rel. L.R. v. Middle Bucks Area Vocational Technical School

SLOVITER, Chief Judge,

dissenting, with whom MANSMANN, SCIRICA and NYGAARD, Circuit Judges, join.

The majority opinion is based on the premise that the types of relationships which can give rise to a constitutional duty of a state to protect its school children from harm from third parties is mandated by the Supreme Court’s opinion in DeShaney v. Winnebago County Dept. of Social Servs., 489 U.S. 189, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989). I believe that is too narrow a reading of DeShaney, and that the scope of the Due Process Clause’s duty to protect, while limited, extends beyond the narrow…