Estate of Romain v. City of Grosse Pointe Farms

Grosse Pointe Farms, Mich. woman’s estate sues an array of police officers, alleging the woman was murdered and officers told the murderer they would cover up the crime. Sixth Circuit: The estate has failed to make out a claim under the “state-created danger” doctrine (an offshoot of the Due Process Clause). And, adds Judge Murphy (in an all-judge concurrence), we might want to revisit whether the state-created danger doctrine is even a thing. It seems like the Equal Protection Clause might provide “a more plausible textual hook” for claims police denied someone the equal protection of the laws.

Tags: 2019, Due Process, Equal Protection Clause, Judge Murphy, Police, Sixth Circuit

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