[Download] "Lewellen V. Metropolitan Government Of Nashville And Davidson County" by Sixth Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: Lewellen V. Metropolitan Government Of Nashville And Davidson County
• Author : Sixth Circuit U.S. Court of Appeals
• Release Date : January 25, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

DAVID A. NELSON, Circuit Judge. This is a civil rights case brought by a workman who was accidentally injured on a school construction project. Contending that the accident was a result of intentional or grossly negligent acts and omissions on the part of the defendant school board, and characterizing the board's conduct as "reckless and/or undertaken with deliberate indifference to plaintiff's personal safety," the plaintiff brought suit under 42 U.S.C. § 1983 against the board and the metropolitan government of which the board is an agency. The plaintiff's theory was that the defendants had deprived him of liberty and/or property without due process of law in violation of his "substantive" rights under the Fourteenth Amendment of the United States Constitution. (See Daniels v. Williams, 474 U.S. 327, 331, 88 L. Ed. 2d 662, 106 S. Ct. 662 (1986), explaining that the Due Process Clause bars "certain government actions regardless of the fairness of the procedures used to implement them;" this is the concept embodied in the phrase "substantive due process.")

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