Estate of Te’Juan Johnson v. Rakes

(1) Whether a theory of liability under the 14th Amendment to the Constitution based on “state-created danger” is incompatible with the purpose of the due process clause of that Amendment “to protect the people from the State, not to ensure that the State protect[s] them from each other"; (2) whether, if a theory of liability under the 14th Amendment based on “state-created danger” exists consistent with the purpose of the due process clause, a police officer who misrepresents to an individual that a threatening person will be confined thereby assumes an affirmative constitutional duty to protect that individual from harm; and (3) whether a police officer who misrepresents to an individual that a threatening person will be confined is entitled to qualified immunity in the absence of clearly established law that he thereby assumed an affirmative obligation under the due process clause to protect that individual from harm.