deshaney
winnebago
cty
soc
servs
argued
november
decided
february
petitioner
child
subjected
series
beatings
father
lived
respondents
county
department
social
services
several
social
workers
received
complaints
petitioner
abused
father
took
various
steps
protect
however
act
remove
petitioner
father
custody
petitioner
father
finally
beat
severely
suffered
permanent
brain
damage
rendered
profoundly
retarded
petitioner
mother
sued
respondents
alleging
respondents
deprived
petitioner
liberty
interest
bodily
integrity
violation
rights
substantive
component
fourteenth
amendment
due
process
clause
failing
intervene
protect
father
violence
district
granted
summary
judgment
respondents
appeals
affirmed
held
respondents
failure
provide
petitioner
adequate
protection
father
violence
violate
rights
substantive
component
due
process
clause
pp
state
failure
protect
individual
private
violence
generally
constitute
violation
due
process
clause
clause
imposes
duty
state
provide
members
general
public
adequate
protective
services
clause
phrased
limitation
state
power
act
guarantee
certain
minimal
levels
safety
security
forbids
state
deprive
individuals
life
liberty
property
without
due
process
law
language
fairly
read
impose
affirmative
obligation
state
ensure
interests
come
harm
means
pp
merit
petitioner
contention
state
knowledge
danger
expressions
willingness
protect
danger
established
special
relationship
giving
rise
affirmative
constitutional
duty
protect
certain
special
relationships
created
assumed
state
respect
particular
individuals
may
give
rise
affirmative
duty
enforceable
due
process
clause
provide
adequate
protection
see
estelle
gamble
youngberg
romeo
affirmative
duty
protect
arises
state
knowledge
individual
predicament
expressions
intent
help
limitations
imposed
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act
behalf
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institutionalization
similar
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personal
liberty
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petitioner
suffered
occurred
state
holding
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natural
father
sense
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actor
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may
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part
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process
clause
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upon
state
affirmative
duty
provide
petitioner
adequate
protection
pp
may
well
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played
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state
acquired
duty
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tort
law
provide
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protection
danger
due
process
clause
transform
every
tort
committed
state
actor
constitutional
violation
pp
rehnquist
delivered
opinion
white
stevens
scalia
kennedy
joined
brennan
filed
dissenting
opinion
marshall
blackmun
joined
post
blackmun
filed
dissenting
opinion
post
donald
sullivan
argued
cause
petitioners
briefs
curry
first
mark
mingo
argued
cause
respondents
brief
wayne
yankala
joel
klein
deputy
solicitor
general
ayer
argued
cause
amicus
curiae
urging
affirmance
brief
solicitor
general
fried
assistant
attorney
general
bolton
roy
englert
barbara
herwig
john
koppel
briefs
amici
curiae
urging
reversal
filed
american
civil
liberties
union
children
rights
project
et
al
christopher
hansen
marcia
robinson
lowry
john
powell
steven
shapiro
helen
hershkoff
massachusetts
committee
children
youth
laura
carroll
briefs
urging
affirmance
filed
state
new
york
et
al
robert
abrams
attorney
general
new
york
peter
sherwood
solicitor
general
peter
schiff
deputy
solicitor
general
michael
buskus
assistant
attorney
general
joseph
lieberman
attorney
general
connecticut
joseph
curran
attorney
general
maryland
dave
frohnmayer
attorney
general
oregon
leroy
zimmerman
attorney
general
pennsylvania
donald
hanaway
attorney
general
wisconsin
charles
hoornstra
assistant
attorney
general
national
association
counties
et
al
benna
ruth
solomon
douglas
poe
gwendolyn
gregory
august
steinhilber
thomas
shannon
filed
brief
national
school
boards
association
amicus
curiae
chief
justice
rehnquist
delivered
opinion
petitioner
boy
beaten
permanently
injured
father
lived
respondents
social
workers
local
officials
received
complaints
petitioner
abused
father
reason
believe
case
nonetheless
act
remove
petitioner
father
custody
petitioner
sued
respondents
claiming
failure
act
deprived
liberty
violation
due
process
clause
fourteenth
amendment
constitution
hold
facts
case
undeniably
tragic
petitioner
joshua
deshaney
born
wyoming
granted
parents
divorce
awarded
custody
joshua
father
randy
deshaney
father
shortly
thereafter
moved
neenah
city
located
winnebago
county
wisconsin
taking
infant
joshua
entered
second
marriage
also
ended
divorce
winnebago
county
authorities
first
learned
joshua
deshaney
might
victim
child
abuse
january
father
second
wife
complained
police
time
divorce
previously
hit
boy
causing
marks
prime
case
child
abuse
app
winnebago
county
department
social
services
dss
interviewed
father
denied
accusations
dss
pursue
january
joshua
admitted
local
hospital
multiple
bruises
abrasions
examining
physician
suspected
child
abuse
notified
dss
immediately
obtained
order
wisconsin
juvenile
placing
joshua
temporary
custody
hospital
three
days
later
county
convened
ad
hoc
child
protection
team
consisting
pediatrician
psychologist
police
detective
county
lawyer
several
dss
various
hospital
personnel
consider
joshua
situation
meeting
team
decided
insufficient
evidence
child
abuse
retain
joshua
custody
team
however
decide
recommend
several
measures
protect
joshua
including
enrolling
preschool
program
providing
father
certain
counselling
services
encouraging
father
girlfriend
move
home
randy
deshaney
entered
voluntary
agreement
dss
promised
cooperate
accomplishing
goals
based
recommendation
child
protection
team
juvenile
dismissed
child
protection
case
returned
joshua
custody
father
month
later
emergency
room
personnel
called
dss
caseworker
handling
joshua
case
report
treated
suspicious
injuries
caseworker
concluded
basis
action
next
six
months
caseworker
made
monthly
visits
deshaney
home
observed
number
suspicious
injuries
joshua
head
also
noticed
enrolled
school
girlfriend
moved
caseworker
dutifully
recorded
incidents
files
along
continuing
suspicions
someone
deshaney
household
physically
abusing
joshua
nothing
november
emergency
room
notified
dss
joshua
treated
injuries
believed
caused
child
abuse
caseworker
next
two
visits
deshaney
home
told
joshua
ill
see
still
dss
took
action
march
randy
deshaney
beat
joshua
severely
fell
coma
emergency
brain
surgery
revealed
series
hemorrhages
caused
traumatic
injuries
head
inflicted
long
period
time
joshua
die
suffered
brain
damage
severe
expected
spend
rest
life
confined
institution
profoundly
retarded
randy
deshaney
subsequently
tried
convicted
child
abuse
joshua
mother
brought
action
district
eastern
district
wisconsin
respondents
winnebago
county
dss
various
individual
employees
dss
complaint
alleged
respondents
deprived
joshua
liberty
without
due
process
law
violation
rights
fourteenth
amendment
failing
intervene
protect
risk
violence
father
hands
knew
known
district
granted
summary
judgment
respondents
appeals
seventh
circuit
affirmed
holding
petitioners
made
actionable
claim
two
alternative
reasons
first
held
due
process
clause
fourteenth
amendment
require
state
local
governmental
entity
protect
citizens
private
violence
mishaps
attributable
conduct
employees
holding
specifically
rejected
position
endorsed
divided
panel
third
circuit
estate
bailey
oare
county
york
dicta
jensen
conrad
cert
denied
state
learns
particular
child
danger
abuse
third
parties
actually
undertakes
protect
danger
special
relationship
arises
child
imposes
affirmative
constitutional
duty
provide
adequate
protection
second
held
reliance
decision
martinez
california
casual
connection
respondents
conduct
joshua
injuries
attenuated
establish
deprivation
constitutional
rights
actionable
therefore
found
unnecessary
reach
question
whether
respondents
conduct
evinced
state
mind
necessary
make
due
process
claim
daniels
williams
davidson
cannon
inconsistent
approaches
taken
lower
courts
determining
ever
failure
state
local
governmental
entity
agents
provide
individual
adequate
protective
services
constitutes
violation
individual
due
process
rights
see
archie
racine
en
banc
collecting
cases
cert
pending
importance
issue
administration
state
local
governments
granted
certiorari
affirm
ii
due
process
clause
fourteenth
amendment
provides
state
shall
deprive
person
life
liberty
property
without
due
process
law
petitioners
contend
state
deprived
joshua
liberty
interest
free
dom
unjustified
intrusions
personal
security
see
ingraham
wright
failing
provide
adequate
protection
father
violence
claim
one
invoking
substantive
rather
procedural
component
due
process
clause
petitioners
claim
state
denied
joshua
protection
without
according
appropriate
procedural
safeguards
see
morrissey
brewer
categorically
obligated
protect
circumstances
see
youngberg
romeo
nothing
language
due
process
clause
requires
state
protect
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liberty
property
citizens
invasion
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actors
clause
phrased
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state
power
act
guarantee
certain
minimal
levels
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security
forbids
state
deprive
individuals
life
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property
without
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process
law
language
fairly
extended
impose
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obligation
state
ensure
interests
come
harm
means
history
support
expansive
reading
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text
like
counterpart
fifth
amendment
due
process
clause
fourteenth
amendment
intended
prevent
government
abusing
power
employing
instrument
oppression
davidson
cannon
supra
see
also
daniels
williams
supra
secure
individual
arbitrary
exercise
powers
government
prevent
governmental
power
used
purposes
oppression
internal
citations
omitted
parratt
taylor
powell
concurring
result
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people
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ensure
state
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framers
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consistent
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cases
recognized
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process
clauses
generally
confer
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right
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aid
even
aid
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secure
life
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government
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see
harris
mcrae
obligation
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medical
services
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process
clause
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amendment
lindsey
normet
obligation
provide
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housing
discussing
due
process
clause
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amendment
see
also
youngberg
romeo
supra
general
matter
state
constitutional
duty
provide
substantive
services
within
border
said
harris
mcrae
although
liberty
protected
due
process
clause
affords
protection
unwarranted
government
interference
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entitlement
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aid
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advantages
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emphasis
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process
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require
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citizens
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follows
state
held
liable
clause
injuries
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chosen
provide
general
matter
conclude
state
failure
protect
individual
private
violence
simply
constitute
violation
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process
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petitioners
contend
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process
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provide
general
public
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certain
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state
respect
particular
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petitioners
petitioners
argue
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joshua
faced
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father
hands
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joshua
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petitioners
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state
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process
clause
reasonably
competent
fashion
failure
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power
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rochin
california
constitute
substantive
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process
violation
brief
petitioners
reject
argument
true
certain
limited
circumstances
constitution
imposes
upon
state
affirmative
duties
care
protection
respect
particular
individuals
estelle
gamble
recognized
eighth
amendment
prohibition
cruel
unusual
punishment
made
applicable
fourteenth
amendment
due
process
clause
robinson
california
requires
state
provide
adequate
medical
care
incarcerated
prisoners
reasoned
prisoner
unable
reason
deprivation
liberty
care
state
required
care
quoting
spicer
williamson
youngberg
romeo
extended
analysis
beyond
eighth
amendment
setting
holding
substantive
component
fourteenth
amendment
due
process
clause
requires
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provide
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mental
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services
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see
dicta
indicating
state
also
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medical
care
explained
cruel
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punishment
hold
convicted
criminals
unsafe
conditions
must
unconstitutional
due
process
clause
confine
involuntarily
committed
may
punished
unsafe
conditions
see
also
revere
massachusetts
general
hospital
holding
due
process
clause
requires
responsible
government
governmental
agency
provide
medical
care
suspects
police
custody
injured
apprehended
police
cases
afford
petitioners
help
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together
stand
proposition
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custody
holds
constitution
imposes
upon
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assume
responsibility
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general
see
youngberg
romeo
supra
person
institutionalized
wholly
dependent
state
duty
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state
affirmative
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needs
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care
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limits
state
action
set
eighth
amendment
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process
clause
see
estelle
gamble
supra
youngberg
romeo
supra
affirmative
duty
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arises
state
knowledge
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imposed
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see
estelle
gamble
supra
inmate
must
rely
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authorities
treat
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needs
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process
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affirmative
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similar
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liberty
deprivation
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triggering
protections
due
process
clause
failure
act
protect
liberty
interests
harms
inflicted
means
analysis
simply
applicability
present
case
petitioners
concede
harms
joshua
suffered
occurred
state
custody
custody
natural
father
sense
state
actor
state
may
aware
dangers
joshua
faced
free
world
played
part
creation
anything
render
vulnerable
state
took
temporary
custody
joshua
alter
analysis
returned
father
custody
placed
worse
position
acted
state
become
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guarantor
individual
safety
offered
shelter
circumstances
state
constitutional
duty
protect
joshua
may
well
voluntarily
undertaking
protect
joshua
danger
concededly
played
part
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state
acquired
duty
state
tort
law
provide
adequate
protection
danger
see
restatement
second
torts
one
undertakes
render
services
another
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circumstances
held
liable
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fashion
see
generally
keeton
dobbs
keeton
owen
prosser
keeton
law
torts
ed
discussing
special
relationships
may
give
rise
affirmative
duties
act
common
law
tort
claim
based
due
process
clause
fourteenth
amendment
said
many
times
transform
every
tort
committed
state
actor
constitutional
violation
see
daniels
williams
parratt
taylor
martinez
california
baker
mccollan
paul
davis
state
may
courts
legislatures
impose
affirmative
duties
care
protection
upon
agents
wishes
duties
owed
government
actors
constitutionalized
fourteenth
amendment
daniels
williams
supra
explained
state
constitutional
duty
protect
joshua
father
violence
failure
though
calamitous
hindsight
simply
constitute
violation
due
process
clause
judges
lawyers
like
humans
moved
natural
sympathy
case
like
find
way
joshua
mother
receive
adequate
compensation
grievous
harm
inflicted
upon
yielding
impulse
well
remember
harm
inflicted
state
wisconsin
joshua
father
said
state
functionaries
case
stood
nothing
suspicious
circumstances
dictated
active
role
defense
must
also
said
moved
soon
take
custody
son
away
father
likely
met
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intruding
relationship
charges
based
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process
clause
forms
basis
present
charge
failure
provide
adequate
protection
people
wisconsin
may
well
prefer
system
liability
place
upon
state
officials
responsibility
failure
act
situations
present
one
may
create
system
already
changing
tort
law
state
accordance
regular
lawmaking
process
thrust
upon
expansion
due
process
clause
fourteenth
amendment
affirmed
footnotes
petitioners
also
argue
wisconsin
child
protection
statutes
gave
joshua
entitlement
receive
protective
services
accordance
terms
statute
entitlement
enjoy
due
process
protection
state
deprivation
decision
board
regents
state
colleges
roth
brief
petitioners
argument
made
first
time
petitioners
brief
pleaded
complaint
argued
appeals
ground
reversing
district
raised
petition
certiorari
therefore
decline
consider
see
youngberg
romeo
dothard
rawlinson
duignan
old
jordan
mining
milling
societe
anonyme
des
mines
state
may
course
selectively
deny
protective
services
certain
disfavored
minorities
without
violating
equal
protection
clause
see
yick
wo
hopkins
argument
made
genesis
notion
appears
lie
statement
opinion
martinez
california
case
asked
decide
inter
alia
whether
state
officials
held
liable
due
process
clause
fourteenth
amendment
death
private
citizen
hands
parolee
rather
squarely
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question
presented
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process
clause
imposed
upon
state
affirmative
duty
protect
affirmed
dismissal
claim
narrower
ground
causal
connection
state
officials
decision
release
parolee
prison
murder
attenuated
establish
deprivation
constitutional
rights
within
meaning
went
say
parole
board
aware
appellants
decedent
distinguished
public
large
faced
special
danger
need
decide
parole
officer
never
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deprive
someone
life
action
taken
connection
release
prisoner
parole
hold
least
particular
circumstances
parole
decision
appellants
decedent
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remote
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parole
officers
action
hold
responsible
federal
civil
rights
law
omitted
make
eighth
amendment
claim
based
failure
provide
adequate
medical
care
prisoner
must
show
state
defendants
exhibited
deliberate
indifference
serious
medical
needs
mere
negligent
inadvertent
failure
provide
adequate
care
enough
estelle
gamble
whitley
albers
suggested
similar
state
mind
required
make
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