MEARS v. CONNOLLY

No. 21-1148.

24 F.4th 880 (2022)

June-Lori MEARS; Michael Mears, Appellants, v. Elizabeth CONNOLLY, Acting Commissioner; Roger Borichewski; Renee Burawski; Teresa McQuaide; Mary Jo Kurtiak; Carole Johnson; Valerie L. Mielke; Greystone Park Psychiatric Hospital; Joseph Young; Marc Lipkus; John Voltarelli; Ramona Cahiwat; Jay Epstein; Patricia Tursi; Cheetara Goodwin; Elizabeth Patterson; Ajibola Oke; John Doe; Jane Doe; State of New Jersey; Department of Human Services; Adekunle Dacosta; Shira Oglesby; Alphonsus Okoro.

United States Court of Appeals, Third Circuit.

Filed: January 31, 2022.


Attorney(s) appearing for the Case

Patrick J. Dwyer [ARGUED], Thomas E. Hastings , William E. McGrath, Jr. , Dilworth Paxson, 2 Research Way, Princeton, NJ 08540, Counsel for Appellants.

Brett J. Haroldson [ARGUED], Ashley L. Costello , Office of Attorney General of New Jersey, 25 Market Street, Trenton, NJ 08625, Counsel for Appellees.

Before: CHAGARES, Chief Judge, and BIBAS and FUENTES, Circuit Judges.


OPINION OF THE COURT

Most constitutional rights are rights to be left alone. The government usually has no duty to protect people from one another. But when the government itself creates a danger, it may be liable.

June-Lori Mears says the government endangered her: when she visited her mentally ill son, a...

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