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Speed Limits and Substantive Due Process

Plaintiffs brought a substantive due process/1983 claim against a city for failing to lower the speed limit in a residential neighborhood from 25 to 15 mph.  Schroder v. City of Fort Thomas, No. 04-5216 (6th Cir. June 29, 2005).  They lost.  As they should have, since the claim was frivolous.  Still, Schroder's worth reading for its discussion of the two DeShaney exceptions to the "no duty" rule.  Slip op. at 3-5.

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