Linda Baldwin v. Office of Injured Employee Counsel
Arbitration SocialSecurity ERISA DueProcess Privacy
Under 42 U.S.C. § 1983, is a public official liable for reckless conduct that proximately injured another, even with qualified immunity?
QUESTION PRESENTED } 1. Under 42 U.S.C. § 1983, is a public official, whose reckless conduct proximately injured another violate a plaintiff ’s federally protected right’s, liable for the plaintiff ’s injuries, even though the State official is entitled to qualified immunity? 2. When a public official violates clearly established law through his conduct, and the conduct caused pain, suffering and mental anguish, is the official protected by qualified immunity? Albright v Oliver, 510 US 266, 271 (1994). Jd at 273. Texas Dept. of Transp. v, Jones, 8 S.W.3d 636 (Tex. 1999) 3. Under 42 U.S.C. 1983, which do provides relief to those deprived of civil rights? | 4, 14% Amendment . All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. | | ' 7 : il