Confirm favorite deletion?
Constitutional Law Keyed to Choper
DeShaney v. Winnebago County Dep’t of Social Serv.
Citation:489 U.S. 189, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989).
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
In 1984, four-year-old Joshua DeShaney became comatose and thereafter mentally disabled, as a result of severe head injuries inflicted by his father who physically abused over a period of years. The Winnebago County Department of Social Services (the Department) took various steps to protect the child after receiving numerous complaints of the abuse, such as enrolling Joshua in a preschool program, providing his father with counseling services, and encouraging his father’s girlfriend to move out of the home. However, the Department did not act to remove Joshua from his father’s custody.
Joshua’s mother subsequently sued the Department under the Due Process Clause of the Fourteenth Amendment.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.