Mario Henry v. City of Erie
2013 U.S. App. LEXIS 17649
| 3rd Cir. | 2013Background
- Fire in 2010 at 933 West 18th St., Erie, kills Richardson and Henry; decedents’ estates sue under §1983 alleging a state-created danger via officials’ approval/subsidy of a noncompliant Section 8 unit.
- Housing Authority of the City of Erie (HACE) administers Section 8; inspectors (Angelotti) and executive director (Horan) oversee HQS compliance and payments under HACE Administrative Plan.
- HACE approved and continued subsidies for a unit that allegedly violated HQS, including lacking third-floor smoke detector and exit; prior inspections and notices warned of noncompliance.
- District Court held the state-created danger claim plausibly pled and denied qualified immunity for Horan/Angelotti; court concluded the danger was foreseeable and the defendants acted with deliberate indifference.
- Court of appeals sua sponte reviewed qualified immunity; held plaintiff failed to plead a state-created danger because harm was not a fairly direct consequence of defendants’ actions; reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the state-created danger claim is adequately pled | Richardson/Henry allege foreseeability and direct link to HACE actions | Horan/Angelotti contend no spelled-out direct causal link and remoteness | Not adequately pled; claim should be dismissed |
Key Cases Cited
- DeShaney v. Winnebago Cnty. Dept. of Social Servs., 489 U.S. 189 (1989) (failure to protect does not violate Due Process, except in limited special-relations cases)
- Martinez v. California, 444 U.S. 277 (1980) (remoteness limits liability even with foreseeability)
- Morse v. Lower Merion School District, 132 F.3d 902 (3d Cir. 1997) (foreseeability and fairly direct causation not shown; opening doors not a direct cause)
- Bright v. Westmoreland Cnty., 443 F.3d 276 (3d Cir. 2006) (state-created danger elements; proximity and precipitating role required)