In discussing state-created danger, we talked a bit about the "Blue Wall" and how state-created danger might play in a "Blue Wall" situation, in which the affirmative actions of police protecting one another enhances the danger. I shared this case in which one officer disclosed a domestic-abuse report to the husband, who was a fellow officer. This case offers a different version: The department violated protocol in investigating an officer for years of child sexual abuse (e.g., allowing him to be present while the alleged victims, his children, were interviewed). The plaintiff framed this as state-created danger; the district court dismissed because the complaint only alleged inaction; the court of appeals seemed to be looking for affirmative acts, while struggling to find causation.
