Opinion · Supreme Court of the United States
Maine v. United States Environmental Protection Agency
489 U.S. 1065
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1989-03-06
- Topic
- general
How later courts describe this case
- concluding that reckless conduct can trigger the protections of the Due Process Clause, but that gross negligence cannot
- deciding that even assuming a violation of state statutes, no § 1983 action can be ensued based solely on that basis
- fire department dispatcher’s refusal to send rescue squad after two requests by telephone was not reckless in the constitutional sense so as to support a section 1983 action
- “A person is reckless or acts recklessly, when he consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow.”
- illegality of official action under state statute can neither add to nor subtract from its constitutional validity
- no § 1983 liability for failure to provide requested emergency services
- "An act is reckless in the pertinent sense when it reflects complete indifference to risk--when the actor does not care whether the other person lives or dies, despite knowing that there is a significant risk of death."
- “A statement that logically refers to a particular person may be actionable.”
Citator
UpLaw has not yet analyzed Maine v. United States Environmental Protection Agency. The absence of a flag is not a finding that it is good law.
- Cited by
- 193 opinions
C. A. D. C. Cir. Certiorari denied.