Chasensky v. Walker

Dist. Ct. erred in finding that defendants-Wisc. Governor and other state officials waived any qualified immunity defense to instant action alleging that defendants violated plaintiff’s privacy rights by failing to appoint plaintiff as interim Register of Deeds of Marinette County upon learning of existence of plaintiff’s bankruptcy petition and then announcing that plaintiff was not appointed because defendant Governor had learned of said bankruptcy. No waiver occurred, even though defendants did not raise qualified immunity defense while original complaint was in force, since plaintiff’s amended complaint opened door for defendants to raise new and previously unmentioned affirmative defenses. Moreover, defendants were entitled to qualified immunity on plaintiff’s privacy claims, where defendants merely publicized already published fact that plaintiff had filed bankruptcy petition. Moreover, record showed that plaintiff had signed waiver authorizing disclosure of private information to Wisc. Dep’t of Justice in exchange for being considered for appointment she sought.