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Reply: |
Incorrect!
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Although a state might have a duty to protect persons in its
custody, Brennan does not argue that the state had custody
of Joshua because government officials monitored his care
while he was in the hospital. Brennan, instead, points to
other actions by the state. Go back and read the dissent
again and focus on those state actions that give rise to a
duty to protect under Brennan's analysis.
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 Go Back to Question 4
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