Plaintiff filed a lawsuit under 42 U.S.C. § 1983 as well as state law alleging that the defendant sheriff’s deputy caused a fatal automobile collision and in doing so violated the decedent’s due process under the substantive component of the due process clause. The district court denied defendant’s motion for summary judgment, explaining that a jury should decide whether defendant’s actions rose to the level of a due-process violation and that the issue of whether the defendant was immune was dependent on the jury’s decision regarding the due-process question. The Seventh Circuit reversed and remanded, explaining that public officials have qualified immunity from damages arising from on-duty conduct unless they clearly violate established federal law and that the plaintiff did not make the necessary factual showings from which the court could reach a legal conclusion that the officer did not have qualified immunity. (RIPPLE and ST. EVE, concurring)
Federal 7th Circuit Court
Civil Court
Qualified Immunity