Jackson v. City of Joliet, No. 83-853

CourtUnited States Supreme Court
Writing for the CourtWHITE
Citation465 U.S. 1049,104 S.Ct. 1325,79 L.Ed.2d 720
PartiesJames R. JACKSON, Individually and as Administrator of the Estate of Sandra A. Jackson, et al. v. CITY OF JOLIET et al
Decision Date21 February 1984
Docket NumberNo. 83-853

465 U.S. 1049
104 S.Ct. 1325
79 L.Ed.2d 720
James R. JACKSON, Individually and as Administrator of the Estate of Sandra A. Jackson, et al.

v.

CITY OF JOLIET et al

No. 83-853

Supreme Court of the United States

February 21, 1984

On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit.

The petition for writ of certiorari is denied.

Justice WHITE, with whom Justice REHNQUIST joins, dissenting.

Petitioners, representatives of the estates of individuals killed in a one-car accident in Joliet, Illinois, filed complaints in federal dis-

Page 1050

trict court under 42 U.S.C. § 1983, contending that various county and city officials violated decedents' constitutional rights by failing to save decedents from the burning automobile. In their complaint, petitioners alleged that two minutes after the car swerved off the road and burst into flames, one of the respondents, a police officer, arrived on the scene and began directing traffic around the car. Firemen were summoned, and the fire was extinguished; yet no efforts were made to remove decedents from the car, nor was an ambulance called until some 45 minutes after the accident occurred. The complaint alleged that decedents were still alive when the fire was doused and that had adequate rescue measures been taken at the outset, decedents would have survived.

The District Court denied respondents' motion to dismiss the complaints for failure to state a cause of action. The Court of Appeals for the Seventh Circuit, however, reversed, concluding that an attempt by state officers to assist at an accident does not result in the deprivation of a constitutional right when the attempt fails because of the negligence or gross negligence of the officers.

In reaching its conclusion, the Court of Appeals noted that "[n]o problem so perplexes the federal courts today as determining the outer bounds of section 1 of the Civil Rights Act of 1871, 42 U.S.C. § 1983 . . . ." Section 1983 actions have been brought in a variety of contexts by those injured as a result of a state official's failure to exercise adequate care in carrying out his duties. Clark v. Taylor, 710 F.2d 4 (CA1 1983); Morrison v. Washington County, 700 F.2d 678 (CA11), cert. denied, --- U.S. ----, 104 S.Ct. 195, 78 L.Ed.2d 171 (1983); Hull v. City of Duncanville, 678 F.2d 582 (CA5 1982); Hirst v. Gertzen, 676 F.2d 1252 (CA9 1982); Doe v. New York City Department of Social Services, 649 F.2d 134...

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92 practice notes
  • Jones v. Dane County, No. 92-0946
    • United States
    • Court of Appeals of Wisconsin
    • July 20, 1995
    ...concerned that government might do too little for the people but that it might do too much to them." (citations omitted)), cert. denied, 465 U.S. 1049, 104 S.Ct. 1325, 79 L.Ed.2d 720 (1984). Thus, the substantive component of the due process clause protects the individual from arbitrary and......
  • Pinder v. Johnson, No. 93-2125
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • May 30, 1995
    ...of negative restraints, not positive entitlements. See Jackson v. City of Joliet, 715 F.2d 1200, 1203 (7th Cir.1983), cert. denied, 465 U.S. 1049, 104 S.Ct. 1325, 79 L.Ed.2d 720 (1984). The DeShaney Court concluded [i]f the Due Process Clause does not require the State to provide its citize......
  • Alston v. Redman, No. 93-7423
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • September 7, 1994
    ...at the perimeter of permissible state conduct. See Jackson v. City of Joliet, 715 F.2d 1200, 1203-04 (7th Cir.1983), cert. denied, 465 U.S. 1049, 104 S.Ct. 1325, 79 L.Ed.2d 720 (1984); David P. Currie, Positive and Negative Constitutional Rights, 53 U.Chi.L.Rev. 864 (1986). But see Susan Ba......
  • Thibodeaux v. Bordelon, No. 83-4027
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 16, 1984
    ...case: whether Parratt should apply to a negligent deprivation of a liberty interest. See Jackson v. City of Joliet, 1984, --- U.S. ----, 104 S.Ct. 1325, 79 L.Ed.2d 720 (White, J., dissenting from the denial of certiorari); Haygood v. Younger, 9 Cir.1983, 718 F.2d 1472, 1479 (summarizing cas......
  • Request a trial to view additional results
92 cases
  • Jones v. Dane County, No. 92-0946
    • United States
    • Court of Appeals of Wisconsin
    • July 20, 1995
    ...concerned that government might do too little for the people but that it might do too much to them." (citations omitted)), cert. denied, 465 U.S. 1049, 104 S.Ct. 1325, 79 L.Ed.2d 720 (1984). Thus, the substantive component of the due process clause protects the individual from arbitrary and......
  • Pinder v. Johnson, No. 93-2125
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • May 30, 1995
    ...of negative restraints, not positive entitlements. See Jackson v. City of Joliet, 715 F.2d 1200, 1203 (7th Cir.1983), cert. denied, 465 U.S. 1049, 104 S.Ct. 1325, 79 L.Ed.2d 720 (1984). The DeShaney Court concluded [i]f the Due Process Clause does not require the State to provide its citize......
  • Alston v. Redman, No. 93-7423
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • September 7, 1994
    ...at the perimeter of permissible state conduct. See Jackson v. City of Joliet, 715 F.2d 1200, 1203-04 (7th Cir.1983), cert. denied, 465 U.S. 1049, 104 S.Ct. 1325, 79 L.Ed.2d 720 (1984); David P. Currie, Positive and Negative Constitutional Rights, 53 U.Chi.L.Rev. 864 (1986). But see Susan Ba......
  • Thibodeaux v. Bordelon, No. 83-4027
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 16, 1984
    ...case: whether Parratt should apply to a negligent deprivation of a liberty interest. See Jackson v. City of Joliet, 1984, --- U.S. ----, 104 S.Ct. 1325, 79 L.Ed.2d 720 (White, J., dissenting from the denial of certiorari); Haygood v. Younger, 9 Cir.1983, 718 F.2d 1472, 1479 (summarizing cas......
  • Request a trial to view additional results

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