Does the danger-creation exception apply only when the danger created by a state official is directed toward a particular plaintiff?

MultiRegion, United States of America

The following excerpt is from Huffman v. County of Los Angeles, 147 F.3d 1054 (9th Cir. 1998):

4 Our sister circuits disagree as to whether the danger-creation exception applies only when the danger created by a state official is directed toward a particular plaintiff, as opposed to being directed toward the general public. Compare Reed v. Gardner, 986 F.2d 1122 (7th Cir.1993) ("When the police create a specific danger, they need not know who in particular will be hurt. Some dangers are so evident, while their victims are so random, that state actors can be held accountable by any injured party.") (emphasis added), with Mark v. Borough of Hatboro, 51 F.3d 1137, 1153 (3d Cir.1995) ("When the alleged unlawful act is a policy directed at the public at large ... the rationale for the [danger creation] rule disappears."). Because the Huffmans' claim would fail regardless of whether the danger-creation theory extended to threats to the general public, we leave resolution of this question for another day.

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