 It is a sad commentary upon American life, and constitutional principles – so full of late of patriotic fervor and proud proclamations about "liberty and justice for all" – that this child, Joshua DeShaney, now is assigned to live out the remainder of his life profoundly retarded.Joshua and his mother, as petitioners here, deserve – but now are denied by this Court – the opportunity to have the facts of their case considered in the light of the constitutional protection that 42 U.S.C.1983 is meant to provide.