DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
151755P.pdf 04/08/2016 Velita Glasgow v. State of Nebraska, etc.
U.S. Court of Appeals Case No: 15-1755
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Chief Judge Riley, Author, with Beam and Kelly, Circuit
Judges]
Civil Case - civil rights. On claims of violation of substantive due
process and state law negligence against defendants for releasing mentally
ill inmate early from incarceration, the claims against the county, city,
and private health care contractor were waived; the section 1983
individual capacity claims against the state and department officials were
properly dismissed, as there is no general substantive due process right
to be protected against the release of criminals from confinement and the
special relationship and state-created danger exceptions did not apply, as
those exceptions require a specific affirmative duty to a particular
individual or a membership in a limited, precisely definable group, not
the general public. The district court did not err in dismissing the state
law negligence claims, as Glasglow did not demonstrate the state owed a
duty to the victim. Judge Kelly concurs.