Castle Rock

A paper by my fave scholar(always) and gentleman (sometimes), plus bonus comment from fave prof:

Pilon: Castle Rock v. Gonzales

DeShaney foretold this result. The court apparently fears that it will enshrine European style positive constitutional rights, and so is loathe to see “affirmative duties” for the state. As time has gone on, my conviction that DeShaney was incorrectly decided has been firmed up. Castle Rock is perhaps distinguishable from DeShaney (the evidoer from whom the victims sought protection by the state was outside the home, not inside the home), but the distinction is a fine one and the poor plaintiff evidently didn’t succeed in making it.


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