At page 511 Determining clearly established constitutional rights for qualified immunity28 citing cases“Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known”
- Calautti v. Shanahan, No. 1:18-cv-00119 (S.D. Ind. Aug. 7, 2019).Wilson v. Layne, 526 U.S. 603, 614-15 (1999); Doe v. Bobbitt, 881 F.2d 510, 511 (7th Cir. 1989).
- Suboh v. City of Revere, Mass., 141 F. Supp. 2d 124 (D. Mass. 2001).publishedAny suggestion made in Doe v. Bobbitt, 881 F.2d 510, 511-12 (7th Cir.1989) that turning over a child to a relative does not affect substantive rights was severely limited in Camp v. Gregory, 67 F.3d 1286, 1294-95 (7th Cir.1995). 17 .
- Bell v. Marseilles Elementary Sch., 160 F. Supp. 2d 883 (N.D. Ill. 2001).published“to determine whether at the time the alleged actions took place there was a substantial consensus of opinion that a course of conduct infringed on a right protected by the Constitution”
- Donald Tangwall v. Thomas Stuckey, 135 F.3d 510 (7th Cir. 1998).published“public officials performing discretionary junctions ... against suits for damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known”
- Union Pac. R.R. v. Vill. of South Barrington, 958 F. Supp. 1285 (N.D. Ill. 1997).published“public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have kn…”
- David v. Vill. of Oak Lawn, 954 F. Supp. 1241 (N.D. Ill. 1996).published“public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have kn…”
- Oliver ex rel. Hines v. McClung, 919 F. Supp. 1206 (N.D. Ind. 1995).published“to determine whether at the time the alleged actions took place there was a substantial consensus of opinion that a course of conduct infringed on a right protected by the Constitution”
- KARA B. v. Dane Cnty., 542 N.W.2d 777 (Wis. Ct. App. 1995).published The Kara B. court reasoned as follows in concluding that the defendants were entitled to qualified immunity: the government has a duty to protect an individual from private acts of violence where a "special relationship" exists between the…
- Rojicek v. Cmty. Consol. Sch. Dist. 15, 888 F. Supp. 878 (N.D. Ill. 1995).published“Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights…”
- Winters v. Mowery, 836 F. Supp. 1419 (S.D. Ind. 1993).published“public officials performing discretionary functions are protected against suits from damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have k…”
Show 16 more citing cases
- Liedtke v. Ploeckelman, 827 F. Supp. 575 (E.D. Wis. 1993).publishedDoe v. Bobbitt, 881 F.2d 510, 511 (7th Cir.1989), citing Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982).
- Richard E. Maxwell v. City of Indianapolis, 998 F.2d 431 (7th Cir. 1993).published“public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have kn…”
- Brian Cornfield v. Consol. High Sch. Dist. No. 230, 991 F.2d 1316 (7th Cir. 1993).published “Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits from damages unless their conduct violates clearly established statutory or constitutional rights…”
- Fiorenzo v. Nolan, 965 F.2d 348 (7th Cir. 1992).publishedUnder this doctrine, public officials “performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a r…
- 59 Fair empl.prac.cas. (Bna) 201 v. Samuel W. Nolan, 965 F.2d 348 (7th Cir. 1992).publishedUnder this doctrine, public officials "performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a r…
- Kirkman v. Latkowski, 768 F. Supp. 239 (N.D. Ill. 1991).published“public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have kn…”
- Owusu v. Grzyb, 749 F. Supp. 897 (N.D. Ill. 1990).published“public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have kn…”
- Auriemma v. Rice, 910 F.2d 1449 (7th Cir. 1990).published “Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights…”
- Chicago Fire Fighters Union Local No. 2 v. Washington, 736 F. Supp. 923 (N.D. Ill. 1990).published“performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have know”
- Jose Santiago v. Michael P. Lane, 894 F.2d 218 (7th Cir. 1990).publishedDoe v. Bobbitt, 881 F.2d 510, 511 (7th Cir.1989).
- Willis v. Bell, 726 F. Supp. 1118 (N.D. Ill. 1989).publishedOn that score Doe v. Bobbitt, 881 F.2d 510, 511 (7th Cir.1989) has recently reconfirmed the principle that qualified immunity protects a public official from damages liability whenever the official’s conduct does not violate “clearly estab…
- Theresa J. HEDGE v. Cnty. OF TIPPECANOE, 890 F.2d 4 (7th Cir. 1989).published Id.” Doe v. Bobbitt, 881 F.2d 510, 511 (7th Cir.1989). “[A] qualified immunity analysis entails a purely objective inquiry to determine whether, at the time of the alleged illegal act, the right asserted by the plaintiff was clearly establ…
- John Casteel, Mark S. Hinton, & Timothy A. Nesja v. Leon R. Pieschek, Sheriff of the Brown Cnty. Jail, Charles D. Ingram, Sr. v. Michael L. Becher, Sheriff of Clark Cnty., Indiana, 3 F.3d 1050 (7th Cir. 1993).published“public officials performing discretionary functions are protected against suits from damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have k…”
- Sheila S. v. Commonwealth, 783 N.E.2d 868 (Mass. App. Ct. 2003).publishedSee also Doe v. Bobbitt, 881 F.2d 510, 511 (7th Cir. 1989), cert. denied, 495 U.S. 956 (1990) (court unable to conclude that, in early 1984, substantial consensus existed that placing child in potentially dangerous environment in foster ho…
- Abbott v. Vill. of Winthrop Harbor, 953 F. Supp. 931 (N.D. Ill. 1996).published(In the absence of a binding precedent, we will look to all relevant decisional law to determine whether a right has been clearly established.)
- Auriemma v. Rice, 895 F.2d 338 (7th Cir. 1990).published
At page 512 “novel analogy between incarceration and placement in a foster home" was not sufficient to have clearly established in 1984 that the "public official who places a child at risk of harm from private individuals in a foster home violated that child's constitutional rights.”1 citing case
- Aristotle P. v. Johnson, 721 F. Supp. 1002 (N.D. Ill. 1989).publishedSee Doe v. Bobbitt, 881 F.2d 510, 512 (7th Cir.1989).
At page 510 “under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known.”0 citing cases
Other citing cases
- KARA B. v. Dane Cnty., 555 N.W.2d 630 (Wis. 1996).published
v.
Booker BOBBITT, Shirley A. Dukes, Devorah Roberts and Barbara Ullman, Individually and as employees of the Illinois Department of Children and Family Services
The question presented by this interlocutory appeal is whether it was clearly established in 1984 that public officials who place a child at risk of violence from private individuals in a foster home violate that child’s constitutional rights. The district court thought so and therefore denied the defendants’ motion for summary judgment on the ground of qualified immunity. 698 F.Supp. 1415. The defendants appeal this decision pursuant to Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985) and we reverse.
I.
The facts of this disturbing case are adequately set forth in the district court’s opinion in Doe v. Bobbitt, 665 F.Supp. 691 (N.D.Ill.1987) and need not be repeated in detail. Essentially, this case involves a claim that the defendants violated the child’s liberty interest under the due process clause by placing her in the temporary custody of an aunt despite warnings by the child’s mother that members of the aunt’s household used drugs and had sexually abused children in the past.[1] After being placed in the custody of her aunt, the child was sexually abused on several occasions.
The sole issue on appeal is whether the defendants are entitled to summary judgment on the ground of qualified immunity. Under the doctrine of qualified immunity, public officials performing discretionary functions are protected against suits for damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982). This standard requires that “the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 3039, 97 L.Ed.2d 523 (1987). Thus, while the very act in question need not have been held unlawful, the unlawfulness of the official’s conduct must have been apparent in light of preexisting law. Id.
The issue in the present case is whether in 1984 an official violated a clearly established constitutional right by placing a child in an environment despite information that individuals in that environment might present a threat to the child’s safety.[2] It is conceded that in 1984 there was no Supreme Court decision on this issue. In fact even at present the Supreme Court has not confronted the question. See DeShaney v. Winnebago County Department of Social Services, — U.S. -, 109 S.Ct. 998, 1006 n. 9, 103 L.Ed.2d 249 (1989). Moreover, no Seventh Circuit precedent has ever recognized such a right.
The absence of a controlling precedent is not fatal to plaintiffs’ case. See Rakovich v. Wade, 850 F.2d 1180, 1209 (7th Cir.1988) (en banc), cert. denied, — U.S. -, 109 S.Ct. 497, 102 L.Ed.2d 534 (1988). In the absence of a binding precedent we will look to all relevant decisional law to determine whether a right has been clearly established. Id. In reviewing this authority we endeavor to determine whether at the time the alleged actions took place there was a substantial consensus of opinion that a course of conduct infringed on a right protected by the Constitution.
In the present case, we are unable to conclude that in early 1984 a substantial consensus had been reached that placing a child in a potentially dangerous environment in a foster home was a violation of the due process clause. At that time, only the Second Circuit had held that such a[*512] right existed and that case was not directly on point since it involved placement in a licensed foster home on a permanent basis. See Doe v. New York City Department of Social Services, 649 F.2d 134 (2nd Cir.1981).[3] Moreover, the decision in Doe depended upon an absolutely novel analogy between incarceration and placement in a foster home, an analogy that has yet to be endorsed by either the Supreme Court or the Seventh Circuit. In view of the novelty and paucity of the available authority, we cannot agree with the district court that it was clearly established in 1984 that a public official who places a child at risk of harm from private individuals in a foster home violated that child’s constitutional rights. See Lojuk v. Johnson, 770 F.2d 619, 631 (7th Cir.1985), cert. denied, 474 U.S. 1067, 106 S.Ct. 822, 88 L.Ed.2d 795 (1986) (one supporting circuit court case, one supporting district court case and several other distantly related cases not sufficient to clearly establish a constitutional right.); Davis v. Holly, 835 F.2d 1175, 1182 (6th Cir.1987) (novel decision from another circuit not sufficient to clearly establish a constitutional right). Compare Perdue v. Brutsche, 881 F.2d 427, 431-432 (7th Cir.1989) (three circuit court decisions in a short period of time sufficient to clearly establish a right). Accordingly, we reverse the district court’s decision denying the defendants’ motion for summary judgment on the ground of qualified immunity.
REVERSED.
The child had been removed from the custody of her mother by court order due to the mother’s alcohol abuse.
The right asserted by the plaintiff is not provided by any Illinois statute.
In Taylor v. Ledbetter, 818 F.2d 791 (11th Cir.1987) (en banc), cert. denied, - U.S. -, 109 S.Ct. 1337, 103 L.Ed.2d 808 (1989), decided well after the events in this case, the Eleventh Circuit joined the Second Circuit in holding that once a state places an individual in a foster home it has a duty to protect that individual from violence by private persons.