Photo: EmiliaUngur/Shutterstock After 'Shot Across Bow,' Some See Looming Challenges for the State-Created Danger Doctrine
A lawyer said he "absolutely" expects the defense bar will now use the statements from two Trump-appointed circuit judges to begin pushing the Third Circuit to reshape, or even eliminate, the state-created danger doctrine.
October 05, 2020 at 04:33 PM
8 minute read
Armed with a pair of concurring statements from two Trump-appointed judges on the U.S. Court of Appeals for the Third Circuit, the defense bar is poised to take on the state-created danger doctrine, which some see as a way of holding state actors accountable for dangerous misconduct while others see it as having drifted too far from common-law tort concepts.
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