Maryland
How DeShaney v. Winnebago County Department of Social Services applies in Maryland: state-specific rules, key cases, and bar exam notes for Constitutional Law.
In Maryland, state courts have followed the principles established in DeShaney, recognizing that the state generally does not have an affirmative duty to protect individuals from private harm unless a special relationship exists. However, Maryland courts have also explored state statutes and welfare obligations that may impact this interpretation.
Under Maryland law, the government can be liable under the State Constitution only if a special relationship exists or if there is a violation of a specific statutory duty to protect an individual.
The court found that individuals have no constitutional claim against the state for failing to prevent harm from third parties absent state involvement in creating the danger.
Liability was rejected where the police had no duty to protect a private citizen from an assault by a third party, reinforcing the DeShaney precedent.
The court held that a plaintiff must establish a special relationship, such as custody, to impose liability on the state for failure to protect.
Maryland's application of the DeShaney principles aligns closely with federal standards, emphasizing the necessity of a special relationship for state liability. However, Maryland courts have occasionally hinted at broader interpretations of state statutory obligations, which may create exceptions under specific circumstances.
Understanding DeShaney and its implications in Maryland law is crucial for bar exam candidates, especially regarding constitutional protections and the state's duty of care.