report came from her nine year old daughter or excuse me the report came from her seven year old son that indicated that he has there are two and two minors a nine year old daughter of mrs kennedy's and a thirteen year old neighbor  the plaintiff alleged at the time that she spoke with officer shields she requested that she be contacted before any contact was made with the burns family the burns family is the family of the thirteen year old boy who was alleged to have molest nine year old daughter officer shields i'm taking that report on september sixth forwarded it to the clark county sheriff's office who in turn forwarded to the ca i see the clark child abuse intervention center as per the procedure after taking out initial report officer shields had absolutely no involvement whatsoever in this reported sexual molestation until september twenty fourth when he reported for duty at approximately four pm on september twenty fourth kim kennedy contacted the child abuse intervention center at eight o'clock in the morning and she contacted them for purposes of determining whether the burns family had been contacted concerning her report  molestation no detective was available at the child abuse intervention center to respond to her questions later on that afternoon as kennedy ran into a ridgeville police officer officer dorian who was previously a defendant litigation but is no longer in this case and she asked officer dorian what was the status of the investigation involving the claim that she made that her daughter had been molested officer dorian like the c i c had no idea what was going on and so she forwarded the information on by teletype computer for officer shields to handle when officer shields came on duty at four pm he saw the no at approximately four forty nine pm on september twenty fourth officer c in september twenty fourth he also got no information because the detective wasn't on duty in an attempt to respond to this citizens request came kennedy's request for information on the status of the investigation officer shield is burns reply i know why the shield response was an allegation was made that your thirteen year old son had molested a nine year old girl within ten minutes officer shields on september twenty fourth left allegation proximately and this was within ten minutes of telling the burns family early in the morning of september twenty fifth approximately eight hours after officer shields had contact with miss kennedy and informed her of the fact that he had been to the burn house this thirteen year old boy who was a friend of the family snuck into their home killed him kennedy's husband and paralyzed him kennedy while they slept in their bed and it's undisputed in the record before the district court and before this court that prior to september twenty fifth of one nine hundred ninety eight michael burns and never showed any propensity or any indication of physical violence to kin chante her husband or her the issue of trouble at school and this isn't the record jarana but it seems to get glossed over all the time is an issue that there were death threats made and that was an issue that was resolved by the school where the school determined that it wasn't michael burns who made  another student in fact the school went so far as to call michael burns parents into their office with michael burns and apologize to him that we're sorry we thought it was you and it was another student has been thrown up as a red herring  since the beginning to support issues of whether this child had ever demonstrated anything principally for violence with respect to whether he was an abused child at home and i so much of the court that has nothing to do with whether he demonstrated any propensity for issues related to whether state actors contests constitute a constitutional deprivation with respect to the merits of the case that there are a couple of defining principles that we've got to remember first off the shooter in this case holding with respect to the shane a lot of cases hollow words and exception to the rule of destroying you with respect to what constitutes substantive due process violation fourteenth amendment i don't think was is an exception i think was a simply a refinement issue of whether there has to be a restrictions of liberty to the court and was talked about the abandonment of a person who's put in a position that was affirmatively created by the state actor you know you are i would i would disagree with the court of whether there was in fact a restriction on liberty because of the condition which monfils found himself in when he was thrown out of the bar by the state actor and i think that goes to the same issues if you if you intent to help him but from the limitation which is imposed on his freedom to act on in their behalf the undisputed facts of this case is that officer shields total involvement in this case was going contacting angela berms and restrictions on liberty that would require or would lead to a fourteenth amendment substantive due process violation there very well may be a state cause of action whether it's predicated on the special relationship or pure negligence for which the plaintiffs can bring being a claim and in fact there is a study so all remaining state law negligence claim outstanding against these this very same individual officer original for the same conduct but just because of the state law negligence claim it doesn't mean though that rises to the level of a constitutional deprivation by this conduct where is the shock the conscience type activity where is the deliberate indifference in the record before the court that show that officer shield violated the fourteenth amendment substitute due process rights to liberty that mrs kennedy enjoys every case i did by the plaintiff it involved a restriction of liberty or a narrowing liberty whether it be by whether liberty before you get to the level of a constitutional deprivation there was no restriction with respect to this candidate and her activities the record before the court indicates that she was notified eight hours before this horrific shooting occurred the fact that she had left her home during this period of time and returned to the home buyer self but she brought her children back to the home of and the record also includes that she didn't even bother to lock her doors when the shooter michael bernstein men yes he said here's some of it i just wanted to raise the issue with respect to the qualified immunity issues again what constitutional right has been implicated by off shields conduct if there was no liberty restriction there was no such and due process right has been violated that issue a qualified immunity should stop right there and again getting back to the reasonableness of the conduct of officer tell the burns family now my husband and my children are away at one hundred class they are coming back to late in the evening we won't have an opportunity to get out of town and so you'll need to wait until the next day or the day after that but that's not what occurred at the request if you can make is that something is within her policy and it's also practical common sense in addition to that in the record it's passed the money from virtually every officer that i personally opposed to so that i never would have taken that step because it would have been a violation of policy both just respect the host to conduct particular case the city of richfield that neighborhood where they lived about a half a mile apart that became a danger for the kennedy family that was the area of danger created by north shields a terminal back in the monger opinions in contrast the dangerous area was the outdoors the elements mafia opinion from the seventh circuit which this court has called on number of occasions which we think is very close factually and that that's a circumstance where an individual came to the police department provided them certain information put them on notice of the fact that he was  factual patterns the issue with respect to this thirteen year old boy this thirteen year old boy the facts are in the record that he was a friend of the family the family merely intended to adopt this young boy they  sneak into their house that want to clock in the morning and shoot them both shoot them using a gun that they had taught him how to shoot on the novelist robert ludlum he probably couldn't even come up with a factual scenario similar to th mother of the shooter not because of anything that the officer did her exact words were in a conversation she had with michael burns after his arrest he acted very weird about his mother and i asked him more than once if mom was involved and he never would directly answer my question but i let him know under no uncertain circumstances that i was convinced that his mom planted the seed that caused him to come into my house and do it because i knew he wasn't smart enough to come define the contours of the fourteenth amendment such as the due process rights how far it's going to go whether you're going to write out the issue of restrictions of liberty thank you we think our counsel and