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Awful Qualified Immunity Cases

Advisory Opinions

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The State Created Danger Doctrine in the Ninth Circuit

The Fifth Circuit said the state-created danger doctrine doesn't really he exists here in the Fifth Circuit. The Supreme Court is putting the brakes on substantive due process jurisprudence, so we are not going to grant relief on this basis. Judge May: It's hard to find the limiting principle when on the other side of the spectrum, we've talked about this case before because it's sort of the paradigmatic case. Can you sue them for not coming to help you? The answer is no. You basically don't have a right to police protection.

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