DeShaney v. Winnebago County Department of Social Services

Author

• Rachel Tunick

Date of Award

2012

Document Type

Dissertation/Thesis

Submission Date

October 2026

Abstract

The Supreme Court's Ruling in DeShaney v. Winnebago County Department of Social Services (1989) eld that "A State's failure to protect an individual against private violence simply does not constitute a violation of the Due Process Clause." (489 U.S. 189 at 197). A state child protection agency's failure to prevent near-fatal abuse of a four year old child under its supervision was not considered a violation of the child's fourteenth amendment rights. This thesis critcally examines the reasoning behind the majority decision in DeShaney ; and using feminist legal theory, discusses ways to effectively address state policy and liability when private violence is used on vulnerable citizens, challenging the arbitrary dichotomy between the public and private spheres.

Comments

by Rachel Tunick.

Recommended Citation

Tunick, Rachel, "DeShaney v. Winnebago County Department of Social Services" (2012). Harriet L Wilkes Honors College Theses 2010 - 2019. 103.
https://digitalcommons.fau.edu/etd_honors_2/103

Extent

vi, 34 p. : ill.

Identifier

820011768