Doe 2 v. Rosa

John Doe 2 and Mother Doe, on behalf of John Doe 2's younger brother, filed suit against defendant, the president of the Citadel, under 42 U.S.C. 1983, alleging that defendant violated an affirmative duty to protect them under the Due Process Clause of the Fourteenth Amendment. Louis “Skip” ReVille provided childcare for the Doe family and sexually abused the two minor boys. ReVille, a graduate of the Citadel, previously worked as a counselor at the Citadel's youth summer camp. Plaintiffs contend that defendant did not report a complaint that a counselor at the summer camp - later identified as ReVille - had molested a child attending the camp. Plaintiffs argued that defendant's actions allowed ReVille to continue his abuse of Doe 2 and Doe 3. The court granted summary judgment in favor of defendant. The court affirmed, concluding that the state-created danger doctrine does not impose liability on defendant for ReVille’s ongoing abuse of the Does; while defendant's undisputed failure to act brought dishonor to him and The Citadel, it did not create a constitutional cause of action; and defendant's alleged conduct neither created nor increased the danger ReVille already posed to the Does, and in any event, did not constitute cognizable affirmative acts with respect to ReVille’s abuse of the Does. View "Doe 2 v. Rosa" on Justia Law