Stephen Busch, et al. v. Shari Guertin, et al.
Environmental AdministrativeLaw DueProcess Privacy
Whether the 14th Amendment's constitutional right to 'bodily integrity' extends to a right to be protected from foreseeable harm in public drinking water
QUESTIONS PRESENTED 1. Whether the 14th Amendment’s constitutional right to “bodily integrity” extends to encapsulate a right to be protected by state regulators from a foreseeable risk of harm from exposure to contaminants in public drinking water, or to be free from allegedly false statements by an agency spokesperson. 2. If so, whether such a bodily-integrity right was clearly established at the time the defendant officials were fulfilling their official duties. 3. Whether mere alleged mistakes and regulatory inaction by state regulators, or allegedly false statements by an agency spokesperson, are sufficiently “conscience shocking” to strip a government official of qualified immunity.