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Reexamining School Liability And The Viability Of A Special Relationship Claim In The Aftermath Of Deshaney V. Winnebago County Department Of Social Services, Anita Binayifaal

St. John's Law Review

(Excerpt)

This Note focuses on whether a school deprives a student of a constitutional due process right to bodily integrity and security and thus violates section 1983-when the school fails to adequately protect the student from harm. At the center of this discussion is the special relationship exception that DeShaney carved out. Part I briefly discusses the Fourteenth Amendment, due process, and section 1983 claims. It then examines the facts and holding of DeShaney, which have shaped the boundaries of school system liability.3 1 Part II discusses the majority approach taken by circuit courts in determining the proper duty …