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Duty to Protect Under the Due Process Clause of the 14th Amendment

 

When can governmental entities and actors be held liable to plaintiffs for injury by others or to themselves?Many people are seriously injured or killed because of governmental action or inaction.

As a member of a legal team, you may need to gather relevant information by which you or your legal team may assess whether the injury to a prospective plaintiff or the family of the deceased has a viable case against the governmental body or actor, whether your team represents the plaintiff or the defendant. This topic helps the persons responsible for obtaining relevant information from the prospective plaintiff or defendant to understand what must be proved or disproved. The content also explains the method required for analyzing the facts and the law. Most members of the public and many lawyers are unaware that governmental entities such as law enforcement agencies, fire fighters, school districts, mental health providers and others generally cannot be successfully sued for their omissions or failures to act to prevent harm by a private actor. This has often led to expensive, but doomed federal litigation by plaintiffs. On the other hand, if affirmative action of the governmental body or actor causes the harm, or leaves the victim more vulnerable to harm, the case may have merit. This information is critical for legal teams on both sides to properly assess the merits of such cases and thereby to avoid filing cases without merit or, if filed, to promote early resolution.

Agenda

Faculty

Ronald (Ron) W. Lewis

Ronald (Ron) W. Lewis

Lewis Law Firm

  • Solo practitioner with office in Oxford, Mississippi
  • Practice emphasizes all aspects of civil rights cases brought under 42 U.S.C. section 1983, as well as other federal anti-discrimination laws
  • Has presented at seminars on police misconduct, as well as employment discrimination on several occasions, including continuing education seminars in Houston, Texas, New Orleans, Louisiana, and in Biloxi, Pearl and Cleveland, Mississippi
  • J.D. degree, University of Mississippi School of Law; Master’s Degree (M.A.T. in French language and literature), Harvard University; Bachelor’s degree (A.B.), Dartmouth College
  • Member of Mississippi and Lafayette County Bars. Admitted to all Mississippi state and federal courts, 5th Circuit Court of Appeals, United States Claims Court and United States Supreme Court
  • Can be contacted at [email protected] or (662)234-0766

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