(Download) "Hernandez V. City Of Goshen" by Seventh Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Hernandez V. City Of Goshen
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 31, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Plaintiffs Jesus Hernandez and Ismael Garza suffered injuries during a fatal shooting spree waged by a co-worker at their manufacturing plant. Hernandez *fn1 and Garza filed lawsuits seeking damages Nos. 02-3268 & 02-3269 from the Defendants under 29 U.S.C. § 1983 and state tort law. Hernandez and Garza's § 1983 claims allege that the City of Goshen, through its police department (together "the City"), violated their constitutional right to liberty by not acting to prevent the shooting even after receiving a call from the plant manager reporting a threat of violence to plant employees. The district court dismissed the § 1983 counts under Rule 12(b)(6) for failure to state a claim, finding that the City's failure to protect Hernandez and Garza from their co-worker's violence did not amount to a constitutional violation. We affirm.