Changes

The court said, "''DeShaney'' recognized that in tragic cases like this one, 'judges and lawyers, like other humans,' are moved by natural sympathy to try to compensate a mother for her loss, ... but that the Fourteenth Amendment was not designed to provide relief in all cases where the State's functionaries fail to take action that might have averted a serious harm.  The constitutional duties derived from substantive due process analysis are carefully circumscribed, and the events alleged here do not implicate the limited circumstances in which the Constitution obligates a State to care for an individual's medical needs.  The State of Arkansas, of course, may fashion a system of tort liability that would hold school officials accountable for negligence or deliberate indifference leading to the death of a student on a school-sponsored trip."

The court said, "''DeShaney'' recognized that in tragic cases like this one, 'judges and lawyers, like other humans,' are moved by natural sympathy to try to compensate a mother for her loss, ... but that the Fourteenth Amendment was not designed to provide relief in all cases where the State's functionaries fail to take action that might have averted a serious harm.  The constitutional duties derived from substantive due process analysis are carefully circumscribed, and the events alleged here do not implicate the limited circumstances in which the Constitution obligates a State to care for an individual's medical needs.  The State of Arkansas, of course, may fashion a system of tort liability that would hold school officials accountable for negligence or deliberate indifference leading to the death of a student on a school-sponsored trip."

[[category:School District]]

[[Category:School District]]

[[Category:United States Constitution]]

[[Category:United States Constitution]]

[[category:Circuit Cases]]

[[Category:Circuit Cases]]

[[category:Eighth Circuit]]

[[Category:Eighth Circuit]]