T.D. v. PATTON

No. 16-1092.

868 F.3d 1209 (2017)

T.D., Plaintiff-Appellee, v. Kelcey PATTON, Defendant-Appellant, and The Denver Department of Human Services, Defendant.

United States Court of Appeals, Tenth Circuit.

Filed August 28, 2017.


Attorney(s) appearing for the Case

Andrew D. Ringel ( Gillian Dale , with him on the briefs), Hall & Evans, LLC., Denver, Colorado, appearing for Appellant.

Jordan Factor , Allen & Vellone, P.C., Denver, Colorado, appearing for Appellee.

Before BRISCOE, EBEL, and MATHESON, Circuit Judges.


T.D. sued Kelcey Patton under 42 U.S.C. § 1983 for violating his right to substantive due process. He relies on a "danger-creation theory," which provides that "state officials can be liable for the acts of third parties where those officials created the danger that caused the harm." Currier v. Doran,

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