stating that a parent whose child has died as a result of unlawful state action may maintain a § 1983 action for deprivation of liberty
How later courts described this case
- stating that a parent whose child has died as a result of unlawful state action may maintain a § 1983 action for deprivation of liberty
- overruling on unrelated grounds recognized in Philadelphia Police and Fire Association for Handicapped Children, Inc. v. City of Philadelphia, 874 F.2d 156, 167 (3rd Cir.1989)
- adopting general holding of Bell, supra
- there must be a "plausible nexus between the policy ... and the infringement of constitutional rights"
Written by the judges who cited it.
Later courts went against this
Abrogated on other grounds by DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189 (1989)
See Estate of Bailey v. County of York, 768 F.2d 503, 509 n. 7 (3d Cir.1985), abrogated on other grounds by DeShaney v. Winnebago County Dep’t of Soc. Servs., 489 U.S. 189, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989).
The opinion
SUR PETITION FOR REHEARING
The petition for rehearing filed by Appellees: COUNTY OF YORK, YORK COUNTY CHILDREN AND YOUTH SERVICES in the above entitled case having been submitted to the judges who participated in the decision of this court and to all other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.
Circuit Judge ADAMS votes for rehearing in banc for the reasons set forth in his dissenting opinion, and because he believes that expanding the scope of § 1983 beyond the confines of the statute imprudently burdens the federal courts and encroaches on jurisdiction reserved for the state court system.
Circuit Judges JAMES HUNTER, III and GARTH would grant the petition for rehearing in banc.