State-Created Danger
The 3rd Circuit Court of Appeals held that a public school district was not responsible for the suicide of a student who died at his own hand a few days after speaking with the school counselor. In this particular case [Sanford v. Stiles, No. 04-4496 (August 2, 2006)], the student’s girlfriend received a note in which the student discussed suicide. The girlfriend, also a student, took the note to the school counselor. The counselor called the student in for consultation. During the conversation with the counselor, the student denied that he had any problems and the counselor saw no evidence to suggest that the student was at risk. A few days later, the student committed suicide.
The student’s mother later sued the school district and the counselor under 42 USC 1983, alleging that the school district and the counselor were responsible under a “state-created danger” claim. The 3rd Circuit affirmed a summary judgment granted in favor of the defendant counselor and public school district. In doing so, the 3rd Circuit joined the 1st, 7th and 11th Circuits, which have refused to allow a “state-created danger” claim to survive against school officials in similar circumstances. (There is a contrary decision in the 10th Circuit Court of Appeals.)
In order to prove a “state-created danger” that will withstand judicial scrutiny, a litigant suing a public entity and raising this claim must be able to prove that
- the harm was forseeable and direct;
- the state acted with culpability that shocked the conscience;
- the injured individual was a forseeable victim of the state’s act; and
- the state affirmatively used its authority in a way that created danger or rendered the injured individual more vulnerable to danger than had the state not acted at all.
A “state-created danger” allegation can be used against any public entity. Likewise, any public entity can unwittingly act in such a way that a “state-created danger” occurs.
As you analyze activities of your employees, contemplate the elements listed above which characterize “state-created danger” and make sure that they are not present as you carry out your public business.
Contact me at lydia at sig dot msstate dot edu with questions, comments or suggestions for commentary. Thanks for reading. Have a good day.