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HENRY v. CITY OF ERIE

No. 11-3738.

728 F.3d 275 (2013)

Mario HENRY, as administrator of the estate of Gwyneth E. Henry and as guardian of S.H., a minor; Alyshia M. Richardson, as administratrix of the estate of Tyreesha L. Richardson and as guardian of D.R., a minor v. CITY OF ERIE; The Housing Authority of the City of Erie; John E. Horan; Joseph Angelotti; Brett C. Hammel; Patricia A. Hammel John E. Horan and Joseph Angelotti, Appellants.

United States Court of Appeals, Third Circuit.

Filed: August 23, 2013.

Attorney(s) appearing for the Case

Joseph M. Kanfer, Esq. , (Argued), John F. Mizner, Esq. , Mizner Law Firm, Erie, PA, for Appellees.

Richard A. Lanzillo, I, Esq. , (Argued), Knox, McLaughlin, Gornall & Sennett, Erie, PA, for Appellants.

Before: SCIRICA, ROTH, and BARRY, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this appeal from a motion to dismiss plaintiffs' § 1983 claim, we must determine whether state officials' approval and subsidization of an apartment for the Section 8 housing program, even though the apartment allegedly failed to comply with Section 8's Housing Quality Standards, constitutes a state-created danger toward the apartment's tenant and her guest in...

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