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.