Third Circuit -- Brittany Morrow v. Barry Balaski

No S1983 remedy for racial harassment by fellow students, as there is an insufficient special relationship / no state-created danger.

Concurrence: Stare decisis / en banc threshold not reached.  ("Sure error")

Concur/Dissent: Special relationship created.

Dissent: Special relationship & state-created danger.

Dissent: Duty of care.

Brittany Morrow v. Barry Balaski