DeShaney holds there is generally no constitutional duty to protect from private violence. Exceptions arise from custodial special relationships and in most circuits from state-created danger where officials affirmatively increased the risk.
Deliberate indifference is required.
Alternative Names:
Failure to Protect Claim|State-Created Danger
Why it Matters?
DeShaney's general rule is the starting defense, since the state has no affirmative duty to protect and failure to act on known danger is not a constitutional violation absent an exception. State-created danger requires affirmative conduct increasing the risk rather than mere failure to intervene, which is the distinction defeating most claims. Custodial relationships including incarceration create the clearest exception.
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Related terms
Frequently asked questions
What is the starting defense?
What does state-created danger require?
