(DOWNLOAD) "Schroder v. City of fort Thomas" by United States Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Schroder v. City of fort Thomas
- Author : United States Court of Appeals
- Release Date : January 29, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
SUTTON, Circuit Judge. On June 28, 2000, Kimberly and Lawrence Schroder suffered every parents worst nightmare.Their ten-year-old son, Stephen, was struck and killed by a car traveling 40 miles per hour in a 25 mile-per-hour zone on the street in front of their house. While no law provides true recourse for such a loss, the Schroders and local prosecutors sought some relief under the traditional civil and criminal causes of action authorized by state law, then the Schroders sought relief under a less-traditional civil cause of action under federal law. In this § 1983 claim, the Schroders submit that the City of Fort Thomas and some of its municipal officers violated their sons substantive due process rights by failing to act upon their request (and the requests of others) to lower the speed limit on the street from 25 miles per hour to 15 miles per hour and by failing to enforce the 25 mile-per-hour speed limit on the street. The district court rejected this claim as a matter of law. Because the Due Process Clause establishes a "limitation on the States power to act, not [ ] a guarantee of certain minimal levels of safety and security," DeShaney v. Winnebago County Dept of Social Servs., 489 U.S. 189, 195 (1989), we must affirm.
 "Schroder v. City of fort Thomas" by United States Court of Appeals # Book PDF Kindle ePub Free){kind=link}