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CALLAHAN v. NORTH CAROLINA DEPT. OF PUBLIC SAFETY

No. 20-1410.

18 F.4th 142 (2021)

John Joseph CALLAHAN, as the Administrator of the Estate of Meggan Lee Callahan, Plaintiff-Appellant, v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY; Annie D. Harvey; David Millis; Demetrius A. Clark, individually; John H. Swain, individually; Anthony Spruill, individually; Orry C. Slade, individually, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: November 17, 2021.

Attorney(s) appearing for the Case

ARGUED: William Ellis Boyle , KNOTT & BOYLE, PLLC, Raleigh, North Carolina, for Appellant. Tamika Lynn Henderson , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. ON BRIEF: Joshua H. Stein , Attorney General, Terence Steed , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge QUATTLEBAUM wrote the opinion, in which Judge RICHARDSON and Senior Judge KEENAN joined.

This appeal involves the pleading requirements for a substantive due process claim under 42 U.S.C. § 1983. When advancing such a claim under the state-created danger theory, a plaintiff must plausibly allege more than a mere failure to protect from danger; a plaintiff must plead that the state affirmatively created...

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