Plaintiff filed a section 1983 lawsuit against the Illinois Department of Children and Family Services, arguing that they were responsible for the death of his minor child because they failed to investigate earlier allegations of abuse by the boy’s mother and her boyfriend. Plaintiff invoked the state-created danger exception to the general rule that a state actor cannot be liable for failing to protect an individual from private acts of violence. The district court granted the defendant’s motion to dismiss and plaintiff appealed. The Seventh Circuit affirmed, finding that the allegations in the complaint did not establish that any act by the defendant caused the child’s death or shocked the conscience. (JACKSON-AKIWUMI and MALDONADO, concurring)
Federal 7th Circuit Court
Civil Court
Wrongful Death