[Download] "Abell v. Dewey" by Supreme Court of the United States # eBook PDF Kindle ePub Free
eBook details
- Title: Abell v. Dewey
- Author : Supreme Court of the United States
- Release Date : January 15, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
After granting a petition for rehearing, we are asked to examine whether a government official has qualified immunity from a civil action for deprivation of constitutional rights. Asserting we erroneously decided two issues in Abell v. Dewey, 847 P.2d 36 (Wyo. 1993) (rehg granted 3/16/93), the State of Wyoming and a government official contend that at the time a former employee was dismissed from her position, the law was not "clearly established" that a probationary employee of the executive department of state government would have a constitutionally protected property interest in continued public employment. Further, the State and the government official insist that this question is an issue of law - Page 365 for the court to decide, not an issue of fact as we previously held. The State and the government official argue that if these issues had been properly decided, the government official would have qualified immunity. Upon further review, we hold the government official is entitled to qualified immunity, in his individual capacity, to the cause of action under 42 U.S.C.S. § 1983 (Law Co-op. 1986) brought by the former employee.
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