Pena v. Deprisco, No. 03-7876

[J.W.]

CIVIL RIGHTS, CONSTITUTIONAL LAW, GOVERNMENT LAW, INJURY AND TORT LAW

Pena v. Deprisco, No. 03-7876 (2d Cir. December 12, 2005)
Denial of defendant's motion to dismiss claims in a civil rights case arising from an off-duty officer's drunk driving accident is vacated where individual defendants are entitled to qualified immunity as to plaintiffs' substantive due process claims based on an alleged "state created danger."

Thought the week I read a number of published cases, my intention is to sift through the lot I receive each day and post the ones I find to be interesting. I hope that such will be educational and spark intrigue and dialogue amongst the members.

Here is the link to download the pdf of the decision: Pena-v-Deprisco.pdf

Jason