In DeShaney v. Winnebago County Dept. of Social Svcs., 489 U.S. 189, 195 (II) (103 L. Ed. 2d 249, 109 S. Ct. 998) (1989), the Supreme Court "rejected the argument that a constitutional duty of protection can arise from a state's special relationship with a particular individual where the state played no part in creating the danger posed to the individual." Davis, supra, 555 F3d at 982 (II). Specifically, the Court held that in the substantive due process analysis, it is the State's affirmative act of restraining the individual's freedom to act on his own behalf -- through incarceration, institutionalization, or other similar restraint of personal liberty -- which is the "deprivation of liberty" triggering the protections of the Due Process Clause, not its failure to act to protect his liberty against harms inflicted by other means. DeShaney, supra, 489 U.S. at 200 (II).