Texas
How DeShaney v. Winnebago County Department of Social Services applies in Texas: state-specific rules, key cases, and bar exam notes for Constitutional Law.
Texas law generally follows the principles established in DeShaney v. Winnebago County, emphasizing that the state does not have an affirmative duty to protect individuals from private harm unless a special relationship exists. This principle limits liability for state actors in areas such as child welfare.
In Texas, the state must show that a special relationship between the state and the individual exists, usually through direct custody or control, to create an affirmative duty to protect.
The court ruled that a school district had a duty to protect students when they were under the school’s custody and control, applying the DeShaney principles regarding special relationships.
The court found no liability against child protective services since no special relationship existed between the agency and the child.
This case held that liability cannot be assigned to state agencies absent a clear demonstration of a special relationship that warrants state action.
Texas courts adhere to the federal rule established in DeShaney where they do not impose a duty upon the state unless there is a special relationship. However, Texas jurisprudence may be more hesitant to recognize such relationships than some other jurisdictions, emphasizing a stricter standard in determining state liability.
Students should familiarize themselves with the DeShaney case and its implications in Texas law, especially regarding the special relationship requirement, which is a frequent topic in constitutional law exams.