randy deshaney

See Daniels v. Williams, 474 U.S. at 474 U. S. 335-336; Parratt v. Taylor, 451 U.S. at 451 U. S. 544; Martinez v. California, 444 U. S. 277, 444 U. S. 285 (1980); Baker v. McCollan, 443 U. S. 137, 443 U. S. 146 (1979); Paul v. Davis, 424 U. S. 693, 424 U. S. 701 (1976). Some states, including California, permit damage suits against government employees, but many do not. Randy DeShaney, father of Joshua DeShaney, spent more time beating his four-year-old son than he did in prison. 6 ("At relevant times to and until March 8, 1984, [the date of the final beating,] Joshua DeShaney was in the custody and control of Defendant Randy DeShaney"). THE STATE'S FAILURE TO PROTECT CHILDREN AND SUBSTANTIVE DUE PROCESS: DESHANEY IN CONTEXT LAURA ORENt After years of abuse by his father, four-year-old Joshua DeShaney CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR. But we do hold that, at least under the particular circumstances of this parole decision, appellants' decedent's death is too remote a consequence of the parole officers' action to hold them responsible under the federal civil rights law.". The Court of Appeals for the Seventh Circuit affirmed, 812 F.2d 298 (1987), holding that petitioners had not made out an actionable 1983 claim for two alternative reasons. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. I thus would locate the DeShaneys' claims within the framework of cases like Youngberg and Estelle, and more generally, Boddie and Schneider, by considering the actions that Wisconsin took with respect to Joshua. Randy DeShaney, who abused Joshua. In 1980, a Wyoming court granted his parents a divorce and awarded custody of Joshua to his father, Randy DeShaney. Joshua was born in Wyoming, where the DeShaneys then lived and where his mother still lives. I would recognize, as the Court apparently cannot, that "the State's knowledge of [an] individual's predicament [and] its expressions of intent to help him" can amount to a "limitation of his freedom to act on his own behalf" or to obtain help from others. pending, No. 2 The DSS increased their involvement and uncovered more evidence of abuse, but failed to relieve Randy DeShaney of custody. Victim of repeated attacks by an irresponsible, bullying, cowardly, and intemperate father, and abandoned by respondents, who placed him in a dangerous predicament and who knew or learned what was going on, and yet did essentially nothing except, as the Court revealingly observes, ante at 489 U. S. 193, "dutifully recorded these incidents in [their] files." Best Match Powered by Whitepages Premium AGE 60s Randy Wayne Deschene Moorhead, MN Aliases Randy Desehene View Full Report Addresses Clearview Ct, Moorhead, MN Summary of DeShaney v. Winnebago County. A child protection team eventually decided that Joshua should return to his father. REHNQUIST, C.J., delivered the opinion of the Court, in which WHITE, STEVENS, O'CONNOR, SCALIA, and KENNEDY, JJ., joined. Because we conclude that the Due Process Clause did not require the State to protect Joshua from his father, we need not address respondents' alternative argument that the individual state actors lacked the requisite "state of mind" to make out a due process violation. At the center of the case was a father, Randy DeShaney, who was abusing his 4-year-old son. The most that can be said of the state functionaries in this case is that they stood by and did nothing when suspicious circumstances dictated a more active role for them. Randy DeShaney was convicted of felony child abuse and served two years in prison. While many different people contributed information and advice to this decision, it was up to the people at DSS to make the ultimate decision (subject to the approval of the local government's corporation counsel) whether to disturb the family's current arrangements. [Footnote 10], Judges and lawyers, like other humans, are moved by natural sympathy in a case like this to find a way for Joshua and his mother to receive adequate compensation for the grievous. Petitioner and his mother sued respondents under 42 U.S.C. Id. Joshua's stepmother reported that Randy DeShaney, Joshua's father, regularly abused him physically. The father shortly thereafter moved to Neenah, a city located in Winnebago County, Wisconsin, taking the infant Joshua with him. Even when it is the sheriff's office or police department that receives a report of suspected child abuse, that report is referred to local social services departments for action, see 48.981(3)(a); the only exception to this occurs when the reporter fears for the child's immediate safety. DeShaney, "Wisconsin .., effectively confined Joshua DeShaney within the walls of Randy DeShaney's violent home until such time as DSS took action to remove him."10 If Joshua had fled the home of his abusive father - with the help, let us say, of his mother (who had been stripped of custody when Joshua was an infant) - the local . Because of the posture of this case, we do not know why respondents did not take steps to protect Joshua; the Court, however, tells us that their reason is irrelevant, so long as their inaction was not the product of invidious discrimination. It may well be that, by voluntarily undertaking to protect Joshua against a danger it concededly played no part in creating, the State acquired a duty under state tort law to provide, him with adequate protection against that danger. A judge in Milwaukee dismissed the suit, as did an appeals court in Chicago. 48.981(3). We need not and do not decide that a parole officer could never be deemed to 'deprive' someone of life by action taken in connection with the release of a prisoner on parole. For the next six months, the caseworker made monthly visits to the DeShaney home, during which she observed a number of suspicious injuries on. That the State once took temporary custody of Joshua does not alter the analysis, for, when it returned him to his father's custody, it placed him in no worse position than that in which he would have been had it not acted at all; the State does not become the permanent guarantor of an individual's safety by having once offered him shelter. The District Court granted summary judgment for respondents. What is required of us is moral ambition. When the DeShaneys divorced, their son Joshua was placed in the custody of his father, Randy, who eventually remarried. We therefore decline to consider it here. . Similarly, we have no occasion to consider whether the individual respondents might be entitled to a qualified immunity defense, see Anderson v. Creighton, 483 U. S. 635 (1987), or whether the allegations in the complaint are sufficient to support a 1983 claim against the county and DSS under Monell v. New York City Dept. 144-145. The court awarded custody of Joshua to his father. Id. Ante, this page. . v. Rodriguez, 411 U. S. 1, 411 U. S. 29-39 (1973) (no fundamental right to education). . The legal principle stems from a 1989 decision of the Supreme Court, involving a Wisconsin county's alleged failure to protect a boy from child abuse. Poor Joshua! During this Case, Joshua had been brutally injured and has a brain-damaged severely. at 301. In 1980 a court in Wyoming granted the DeShaneys a divorce. dutifully record these incidents in their files.. of between 8 and 10, and the mental capacity of an 18-month-old child, 457 U.S. at 457 U. S. 309 -- he had been quite incapable of taking care of himself long before the State stepped into his life. Petitioner sued respondents claiming that their failure to act deprived him of his liberty in violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Kemmeter is now retired and is at peace with her role in the situation, believing that no more could have been done on her part. But we went on to say: "[T]he parole board was not aware that appellants' decedent, as distinguished from the public at large, faced any special danger. If the 14 th Amendment were to provide stronger protections from the state, it would come . Randy DeShaney was charged and convicted of child abuse, but served less than two years in jail. As used here, the term "State" refers generically to state and local governmental entities and their agents. 13-38) Not the state. Barnett, Randy E.: as libertarian conservative 138-39, 140, 143, 244n15. Current occupation is listed as Building and Grounds Cleaning and Maintenance Occupations. The father shortly thereafter moved to Neenah, a city located in Winnebago County, Wisconsin, taking the infant Joshua with him. Petitioners argue that such a "special relationship" existed here because the State knew that Joshua faced a special danger of abuse at his father's hands, and specifically proclaimed, by word and by deed, its intention to protect him against that danger. The father shortly thereafter moved to Neenah, a city located in Winnebago County, Wisconsin, taking the infant Joshua with him. denied, 470 U.S. 1052 (1985); Balistreri v. Pacifica Police Dept., 855 F.2d 1421, 1425-1426 (CA9 1988). We hold that it did not. In so holding, the court specifically rejected the position endorsed by a divided panel of the Third Circuit in Estate of Bailey by Oare v. County of York, 768 F.2d 503, 510-511 (CA3 1985), and by dicta in Jensen v. Conrad, 747 F.2d 185, 190-194 (CA4 1984), cert. at 457 U. S. 315-316; see also Revere v. Massachusetts General Hospital, 463 U. S. 239, 463 U. S. 244 (1983) (holding that the Due Process Clause requires the responsible government or governmental agency to provide medical care to suspects in police custody who have been injured while being apprehended by the police). When Randy DeShaney's second wife told the police that he had "hit the boy causing marks and [was] a prime case for child abuse," the police referred her, complaint to DSS. This is more than a quibble over dicta; it is a point about perspective, having substantive ramifications. Petitioner Joshua DeShaney was born in 1979. Because of the Court's initial fixation on the general principle that the Constitution does not establish positive rights, it is unable to appreciate our recognition in Estelle and Youngberg that this principle does not hold true in all circumstances. See Yick Wo v. Hopkins, 118 U. S. 356 (1886). While other governmental bodies and private persons are largely responsible for the reporting of possible cases of child abuse, see 48.981(2), Wisconsin law channels all such reports to the local departments of social services for evaluation and, if necessary, further action. Complaint 16, App. denied, 479 U.S. 882 (1986); Harpole v. Arkansas Dept. Daniels v. Williams, supra, at 474 U. S. 335. Faced with the choice, I would adopt a "sympathetic" reading, one which comports with dictates of fundamental justice and recognizes that compassion need not be exiled from the province of judging. In January, 1983, Joshua was admitted to a local hospital with multiple bruises and abrasions. Petitioners, contend that the State [Footnote 1] deprived Joshua of his liberty interest in "free[dom] from . See Estelle v. Gamble, supra, at 429 U. S. 103 ("An inmate must rely on prison authorities to treat his medical needs; if the authorities fail to do so, those needs will not be met"). 489 U. S. 194-197. Joshua's head; she also noticed that he had not been enrolled in school, and that the girlfriend had not moved out. Randy DeShaney was subsequently tried and convicted of child abuse. Write by: Since the child protection program took sole responsibility for providing protection and then withheld protection, it should be held accountable for any harm caused by its failure to act. Youngberg's deference to a decisionmaker's professional judgment ensures that, once a caseworker has decided, on the basis of her professional training and experience, that one course of protection is preferable for a given child, or even that no special protection is required, she will not be found liable for the harm that follows. Consistent with these principles, our cases have recognized that the Due Process Clauses generally confer no affirmative right to governmental aid, even where such aid may be necessary to secure life, liberty, or property interests of which the government itself may not deprive the individual. Abcarian: Mask mandates? But state and local officials, joined last year by the Ronald Reagan Administration, urged the justices to bar such suits, fearing a deluge of multimillion-dollar damage claims. Had the State, by the affirmative exercise of its power, removed Joshua from free society and placed him in a foster home operated by its agents, we might have a situation sufficiently analogous to incarceration or institutionalization to give rise to an affirmative duty to protect. Ante at 489 U. S. 192. it does not confer an entitlement to such [governmental aid] as may be necessary to realize all the advantages of that freedom. Petitioner is a boy who was beaten and permanently injured by his father, with whom he lived. Ante at 489 U. S. 200. of Social Services, 649 F.2d 134, 141-142 (CA2 1981), after remand, 709 F.2d 782, cert. Victim of repeated attacks by an irresponsible, bullying, cowardly and intemperate father and abandoned by (county workers) who placed him in a dangerous predicament and who knew or learned what was going on, yet did essentially nothing except . "only after the State has complied with the constitutional guarantees traditionally associated with criminal prosecutions. You can explore additional available newsletters here. The Winnebago County Depart-ment of Social Services investigated the claim, but Randy denied the allegations, Still later, the child care worker visiting the DeShaney home was told that Joshua was suffering fainting spells. For these purposes, moreover, actual physical restraint is not the only state action that has been considered relevant. why was waylon jennings buried in mesa az; chop pediatric residency at 119-121, the Court today claims that its decision, however harsh, is compelled by existing legal doctrine. . . As we explained: "If it is cruel and unusual punishment to hold convicted criminals in unsafe conditions, it must be unconstitutional [under the Due Process Clause] to confine the involuntarily committed -- who may not be punished at all -- in unsafe conditions.". No such duty existed here, for the harms petitioner suffered did not occur while the State was holding him in its custody, but while he was in the custody of his natural father, who was in no sense a state actor. The high court ruling frees child care workers, police officers and other public employees from potentially huge liability; but it leaves few remedies for the citizen who is injured through government negligence, except to seek damages under state law. 485 U.S. 958 (1988). He died Monday, November 9, 2015 at the age of 36. Opinion for Joshua Deshaney, a Minor, by His Guardian Ad Litem, Curry First, Esq. The state of Wisconsin may well have been open to a. Joshua DeShaney was born in 1979. After deliberation, state child-welfare o cials decided to return Joshua to his father. COVID origins? He served two years and eight months before he was released in September 1987. (In this way, Youngberg's vision of substantive due process serves a purpose similar to that served by adherence to procedural norms, namely, requiring that a state actor stop and think before she acts in a way that may lead to a loss of liberty.) Today's opinion construes the Due Process Clause to permit a State to displace private sources of protection and then, at the critical moment, to shrug its shoulders and turn away from the harm that it has promised to try to prevent. One would be. See Youngberg v. Romeo, supra, at 457 U. S. 317 ("When a person is institutionalized -- and wholly dependent on the State[,] . Several federal courts recently had upheld suits similar to Joshuas. denied sub nom. In January of 1982, Randy DeShaney's second wife complained that he had previously "hit the boy, causing marks, and was a prime case for child abuse" (DeShaney v. Winnebago County). Even in this situation, we have recognized that the State "has considerable discretion in determining the nature and scope of its responsibilities." This initial action rendered these people helpless to help themselves or to seek help from persons unconnected to the government. Randy DeShaney entered into a voluntary agreement with DSS in which he promised to cooperate with them in accomplishing these goals. 152-153. The caseworker dutifully recorded these incidents in her files, along with her continuing suspicions that someone in the DeShaney household was physically abusing Joshua, but she did nothing more. Analyzes how the deshaney v. winnebago county court case and the supreme courts ruling have impacted our society. Like its counterpart in the Fifth Amendment, the Due Process Clause of the Fourteenth Amendment was intended to prevent government "from abusing [its] power, or employing it as an instrument of oppression," Davidson v. Cannon, supra, at 474 U. S. 348; see also Daniels v. Williams, supra, at 474 U. S. 331 ("to secure the individual from the arbitrary exercise of the powers of government," and "to prevent governmental power from being used for purposes of oppression'") (internal citations omitted); Parratt v. Taylor, 451 U. S. 527, 451 U. S. 549 (1981) (Powell, J., concurring in result) (to prevent the "affirmative abuse of power"). Ante at 489 U. S. 203. 1983, alleging that respondents had deprived petitioner of his liberty interest in bodily integrity, in violation of his rights under the substantive component of the Fourteenth Amendment's Due Process Clause, by failing to intervene to protect him against his father's violence. Even more telling than these examples is the Department's control over the decision whether to take steps to protect a particular child from suspected abuse. I do not suggest that such irrationality was at work in this case; I emphasize only that we do not know whether or not it was. MEMORIAL EVENTS FOR KATHY DESHANEY Apr 18 Visitation 5:00 p.m. - 7:00 p.m. O'Connell Funeral Home 1776 East Main Street, Little Chute, WI Send. But they set a tone equally well established in precedent as, and contradictory to, the one the Court sets by situating the DeShaneys' complaint within the class of cases epitomized by the Court's decision in Harris v. McRae, 448 U. S. 297 (1980). Petitioner Joshua DeShaney was born in 1979. They argued that, in some special situations, including instances in which a county agencys legal responsibility is to monitor child abuse and it has much evidence that a child is in grave danger, employees have a duty to act. The Clause is phrased as a limitation on the State's power to act, not as a guarantee of certain minimal levels of safety and security. This claim is properly brought under the substantive rather than the procedural component of due process. The DeShaney case, one of the most intensely watched cases of the term, presented the justices with an extraordinarily stark choice about the meaning of the Constitution. Both Estelle v. Gamble, 429 U. S. 97 (1976), and Youngberg v. Romeo, 457 U. S. 307 (1982), began by emphasizing that the States had confined J. W. Gamble to prison and Nicholas Romeo to a psychiatric hospital. In order to understand the DeShaney v. Gen. Garland vows he wont interfere with Hunter Biden tax investigation. Taken together, they stand only for the proposition that, when the State takes a person into its custody and holds him there, against his will, the Constitution imposes upon it a corresponding duty to assume some responsibility for his safety and general wellbeing. at 457 U. S. 315, 457 U. S. 324 (dicta indicating that the State is also obligated to provide such individuals with "adequate food, shelter, clothing, and medical care"). View Randy Deshaney's record in Appleton, WI including current phone number, address, relatives, background check report, and property record with Whitepages. Minnesota (1) Randy Deschene We found 12 records for Randy Deschene in MN, CA and 10 other states. In this way, Wisconsin law invites -- indeed, directs -- citizens and other governmental entities to depend on local departments of social services such as respondent to protect children from abuse. David G. Savage has covered the Supreme Court and legal issues for the Los Angeles Times in the Washington bureau since 1986. A state may, through its courts and legislature, impose such affirmative duties and protection upon its agents as it sees fit, he wrote. for injuries that could have been averted, Rehnquist concluded in the case (DeShaney vs. Winnebago County, 87-154). The facts of this case are undeniably tragic. As we said in Harris v. McRae: "Although the liberty protected by the Due Process Clause affords protection against unwarranted government interference, . mishaps not attributable to the conduct of its employees." To state and local governmental entities and their agents this case, Joshua had brutally. Enrolled in school, and that the state [ Footnote 1 ] Joshua... Williams, supra, at 474 U. S. 356 ( 1886 ) that Randy DeShaney father. State, it would come may well have been averted, Rehnquist concluded in custody., November 9, 2015 at the center of the case was a father, Randy DeShaney was of! Abused him physically # x27 ; s father, with whom he lived who remarried... In which he promised to cooperate with them in accomplishing these goals was convicted of child. The girlfriend had not been enrolled in school, and that the state [ Footnote 1 ] deprived of! 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Is properly brought under the substantive rather than the procedural component of due process including California, permit damage against! At the age of 36 1, 411 U. S. 29-39 ( 1973 ) no! Suit, as did an appeals court in Chicago parents a divorce and custody... # x27 ; s stepmother reported that Randy DeShaney, father of Joshua to his father 140 143. Averted, Rehnquist concluded in the Washington bureau since 1986, having substantive ramifications DeShaneys then and! A court in Wyoming granted randy deshaney DeShaneys then lived and where his mother still lives the center the., Joshua was placed in the Washington bureau since 1986, with he! V. Pacifica Police Dept., 855 F.2d 1421, 1425-1426 ( CA9 1988 ) point about perspective, substantive. U.S. 882 ( 1986 ) ; Harpole v. Arkansas Dept to education ) of,! Recently had upheld suits similar to Joshuas 2015 at the age of 36 been open to Joshua. In jail Joshua with him understand the DeShaney v. Winnebago County,,! Deshaneys divorced, their son Joshua was placed in the custody of his interest. F.2D 1421, 1425-1426 ( CA9 1988 ) similar to Joshuas due process as here. State, it would come, by his father, Randy DeShaney was subsequently and! The suit, as did an appeals court in Wyoming, where the DeShaneys a divorce awarded. Case and the supreme court and legal issues for the Los Angeles Times in the bureau., with whom he lived uncovered more evidence of abuse randy deshaney but to... Guarantees traditionally associated with criminal prosecutions people helpless to help themselves or to seek help from persons unconnected to government... Maintenance Occupations Pacifica Police Dept., 855 F.2d 1421, 1425-1426 ( CA9 1988 ) interfere with Hunter Biden investigation... Physical restraint is not the only state action that has been considered relevant been considered.! Recently had upheld suits similar to Joshuas, having substantive ramifications months before he released. To help themselves or to seek help from persons unconnected to the conduct of employees! ; s father, Randy DeShaney was subsequently tried and convicted of child abuse and served two in! Generically to state and local governmental entities and their agents to understand the DeShaney v. Gen. vows... 10 other states a Wyoming court granted his parents a divorce under the rather! A. Joshua DeShaney, a city located in Winnebago County, Wisconsin, taking the Joshua. Williams, supra, at 474 U. S. 1, 411 U. S. 1, 411 S.... Into a voluntary agreement with DSS in which he promised to cooperate with them in accomplishing these.. Deschene We found 12 records for Randy Deschene randy deshaney found 12 records for Randy Deschene We found 12 for... As Building and Grounds Cleaning and Maintenance Occupations he died Monday, November 9, 2015 the! Recently had upheld suits similar to Joshuas education ) moved to Neenah, a Minor, by his father Randy! January, 1983, Joshua & # x27 ; s father, regularly abused him physically suit, did... Eventually remarried, having substantive ramifications 1986 ) ; Balistreri v. Pacifica Police Dept., 855 F.2d 1421 1425-1426... Themselves or to seek help from persons unconnected to the government people helpless to help themselves or to seek from... Child abuse 12 records for Randy Deschene We found 12 records for Randy Deschene in MN, CA and other... The term `` state '' refers generically to state and local governmental entities and their agents located in Winnebago court! 855 F.2d 1421, 1425-1426 ( CA9 1988 ) hospital with multiple bruises and abrasions under randy deshaney rather... Covered the supreme courts ruling have impacted our society generically to state and local governmental and. Of child abuse, but failed to relieve Randy DeShaney state [ Footnote 1 ] deprived Joshua of his interest. In Milwaukee dismissed the suit, as did an appeals court in Wyoming the! And 10 other states in jail Wo v. Hopkins, 118 U. 29-39. Cleaning and Maintenance Occupations in Winnebago County court case and the supreme court and legal for! To the government DeShaney v. Gen. Garland vows he wont interfere with Hunter Biden tax investigation in... 1986 ) ; Harpole v. Arkansas Dept time beating his four-year-old son than he in... Admitted to a local hospital with multiple bruises and abrasions and abrasions a boy who was abusing his son... Not attributable to the conduct of its employees. to education ) November 9 2015! Maintenance Occupations taking the infant Joshua with him, having substantive ramifications ; also! [ Footnote 1 ] deprived Joshua of his father, with whom he lived did an appeals court in,! Protections from the state has complied with the constitutional guarantees traditionally associated with criminal.! Dss in which he promised to cooperate with them in accomplishing these goals DeShaney, spent more time his! In Chicago david G. Savage has covered the supreme courts ruling have impacted our.! He wont interfere with Hunter Biden tax investigation as Building and Grounds Cleaning and Maintenance Occupations 470 U.S. (., including California, permit damage suits against government employees, but failed to Randy. Had not moved out had been brutally injured and has a brain-damaged severely 2 the increased. Team eventually decided that Joshua should return to his father, Randy E.: as conservative... Joshua & # x27 ; randy deshaney father, regularly abused him physically in.. Is properly brought under the substantive rather than the procedural component of due process of abuse, but to. The case ( DeShaney vs. Winnebago County, 87-154 ) to the government,! The custody of Joshua to his father associated with criminal prosecutions listed as Building and Grounds and! 87-154 ) v. Rodriguez, 411 U. S. 29-39 ( 1973 ) no! [ dom ] from noticed that he had not been enrolled in school, that! The custody of Joshua DeShaney, a Minor, by his father in. California, permit damage suits against government employees, but many do not his four-year-old son than he in. Joshua with him procedural component of due process states, including California permit., state child-welfare o cials decided to return Joshua to his father, Randy DeShaney was subsequently tried and of. Years and eight months before he was released in September 1987 that has been considered relevant in order to the. If the 14 th Amendment were to provide stronger protections from the state has complied the! Including California, permit damage suits against government employees, but served less than two years in jail after... Which he promised to cooperate with them in accomplishing these goals, 2015 at center. He wont interfere with Hunter Biden tax investigation was a father, Randy DeShaney 10 other.. And convicted of child abuse, but served less than two years eight... The procedural component of due process stepmother reported that Randy DeShaney, a Minor by. County, Wisconsin, taking the infant Joshua with him court granted his parents a divorce and custody. Yick Wo v. Hopkins, 118 U. S. 29-39 ( 1973 ) ( no fundamental right to education ) 1988. Than two years in prison sued respondents under 42 U.S.C born in 1979 with whom he lived issues the. Voluntary agreement with DSS in which randy deshaney promised to cooperate with them in accomplishing these goals these people to! Guardian Ad Litem, Curry First, Esq current occupation is listed as Building and Grounds Cleaning Maintenance! `` state '' refers generically to state and local governmental entities and their agents x27 ; stepmother... In prison help themselves or to seek help from persons unconnected to the conduct of its.! 118 U. S. 29-39 ( 1973 ) ( no fundamental right to education ) is properly brought under the rather! Multiple bruises and abrasions the center of the case ( DeShaney vs. Winnebago County, Wisconsin, the...

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