Whether persons who are not government officials and not performing governmental duties can claim qualified immunity

QUESTIONS PRESENTED 1. Whether persons who are not government officials and not performing governmental duties can claim qualified immunity from suit in a civil rights action pursuant to 42 U.S.C. § 1983. 2. Whether it is harmless error to submit to the jury the purely legal issue whether a defendant is entitled to qualified immunity. 3. Whether it is harmless error to submit to the jury for determination the legal standard whether the defendants’ conduct, in light of U.S. Supreme Court precedent and historical understanding of the Constitution, meets the “shocks the conscience” standard for constitutional violations. 4. Whether, if the defendants’ conduct did violate the Constitution, a governmental official in defendants’ position could nevertheless reasonably believed their conduct was lawful. 5. Whether Petitioner, a 31-year old autistic, mentally retarded woman living with her parents, was entitled to a directed verdict when the evidence showed that respondents acted jointly to involuntarily confine her at a residential care facility for 11 months, her whereabouts kept secret from all but those working with respondents, without due process, or indeed, any process of law at all, or does the defendantsU professed desire to keep Petitioner UsafeU absolve them from liability? li THE PARTIES Plaintiff Nancy Golin was a 31-year old developmentally disabled adult at the time her claim arose. She suffered from mental retardation, epilepsy, and autism. She was almost mute and had the mental capacity of a 2or 3-year old. Plaintiffs Jeffrey Golin and Elsie Golin are Nancy’s parents. Defendant San Andreas Regional Center (“SARC”) is a not-for-profit corporation, which, like all regional centers, provides services to persons with developmental disabilities under contract with the State Department of Developmental Services. Defendant Santi Rogers was Executive Director of SARC. Defendant Miriam “Mimi” Kinderlehrer was the Director of Consumer Affairs for San Andreas Regional Center. She reported to Santi Rogers. Defendant Tucker Liske was the District Manager for San Andreas Regional Center. He supervised approximately a dozen service coordinators. Defendant Jamie Buckmaster was the Social Services Program Manager of Santa Clara County Adult Protection Services (APS), a county agency that is mandated by the California Welfare and Institutions Code to receive and investigate reports of dependent adult abuse, neglect and exploitation. See Calif. Welfare & Institutions Code §§ 15751, 15766 Defendant Stanford Hospital and Clinics is a private hospital in Palo Alto, California. Defendant Edna Mantillas d/b/a Embee Manor was the administrator of Embee Manor, a 6-bed residential care facility where Petitioner was sent. The City of Palo Alto and Detective Lori Kratzer were originally named as defendants, but were dismissed on their motions for summary judgment. lil DIRECTLY