Officer’s acts don’t qualify as violation

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 3, 2015 3:14 PM

Relying on the state-created danger exception to the general rule that “a state’s failure to protect an individual against private violence simply does not constitute a violation of the due process clause,” DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189 (1989), Jane Doe — a minor who alleged she was sexually assaulted because an Arlington Heights police officer mishandled a 911 call — tried to hold the village and officer liable for the attack under 42 U.S.C. Section …

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