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MORSE v. LOWER MERION SCHOOL DIST.

No. 96-2134.

132 F.3d 902 (1997)

Jerome P. MORSE, Individually and as Executor of the Estate of Diane M. Morse, Deceased, and as Parent and Natural Guardian of Juree N. Morse, a Minor, Appellant, v. LOWER MERION SCHOOL DISTRICT; Daycare Association of Montgomery County, Inc., D/B/A Ardmore Child Care Center; Jamison Contractors, Inc.; Buttonwood Company, Inc.; United States Roofing Corporation.

United States Court of Appeals, Third Circuit.

Decided December 23, 1997.

Attorney(s) appearing for the Case

Paul J. Drucker (argued), Jablon, Epstein, Wolf & Drucker, Philadelphia, PA, William F. Joseph, Philadelphia, PA, for Appellant

Diane C. Bernoff (argued) Jay B. Harris, Fineman & Bach, Philadelphia, PA, for Appellees, Lower Merion School District; Daycare Association of Montgomery County, Inc., d/b/a Ardmore Child Care Center.

James J. Gillespie, Jr., Stolarski, Gillespie & Hendrzak, Philadelphia, PA, for Appellee, Jamison Contractors, Inc.

Before: SCIRICA and NYGAARD, Circuit Judges and DEBEVOISE, District Judge.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This civil rights action raises the question of what a plaintiff must plead in order to state a viable claim under the state-created danger theory of 42 U.S.C.A. § 1983 (West 1994 & Supp.1997). The district court granted defendants' motion to dismiss under Fed.R.Civ.P. 12(b)(6), finding plaintiff failed to plead one of the elements of the test set forth by this court in Kneipp v. Tedder,

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