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Personal Liability Case That Will Affect Cases in Eugene, OR- Duty to Protect from a Pre-Existent Danger

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United States Fourth Circuit, 07/28/2015
Doe 2 v. Rosa, No. 14-1748
In a consolidated case under 42 U.S.C. section 1983, involving the sexual abuse of two minor boys by a summer camp counselor, contending that defendant took steps to conceal previous allegations of abuse by the same counselor thereby allowing the perpetrator to continue his abuse of the plaintiffs, and alleging defendant’s affirmative duty to protect the victims under the Due Process Clause of the Fourteenth Amendment, the district court’s grant of summary judgment in favor of defendant is affirmed where defendant had no duty to protect the plaintiffs from a pre-existent danger. Read More

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