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WALTON v. ALEXANDER

No. 93-7313.

44 F.3d 1297 (1995)

Joseph WALTON, as next friend of Christopher Walton, a Minor, Plaintiff-Appellee, v. Alma ALEXANDER, et al., Defendants, Alma Alexander, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 17, 1995.

Attorney(s) appearing for the Case

J. Stephen Wright, Frascogna, Courtney, Wright, Biedenharn & Smith, Jackson, MS, for appellant.

Duncan L. Lott, Booneville, MS, for appellee.

Before POLITZ, Chief Judge, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, GARZA, Emilio M., DeMOSS, BENAVIDES, STEWART, and PARKER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

[N]othing in the language of the Due Process Clause itself requires the State to protect the life, liberty, and property of its citizens against invasion by private actors. The Clause is phrased as a limitation on the State's power to act, not as a guarantee of certain minimal levels of safety and security. It forbids the State itself to deprive individuals of life, liberty, or property without...

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