United States Ninth Circuit

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Pauluck v. Savage, 14-15027

In an action brought pursuant to 42 U.S.C. section 1983 by the widow and daughters of a deceased employee of the Health District, who died allegedly from toxic mold in his workplace, the district court's order, on summary judgment, denying qualified immunity to two employees of the Clark County Health District is reversed where: 1) the court jurisdiction to decide whether the evidence demonstrated a violation by the defendant employees, and whether such violation was in contravention of federal law that was clearly established at the time; 2) plaintiffs had shown a violation of a constitutional right, grounded in the Fourteenth Amendment's Due Process Clause, to be free of state-created danger; but 3) the court improperly denied qualified immunity because it was not clearly established, at the time of the unconstitutional actions, that the state-created danger doctrine applied to claims based on physical conditions in the workplace.

Appellate Information

  • Decided
  • Published 2016/09/08

Judges

  • FLETCHER

Court

  • United States Ninth Circuit

Counsel

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