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Becky Chasensky v. Scott Walker

Citations: 740 F.3d 1088; 37 I.E.R. Cas. (BNA) 809; 2014 WL 228693; 2014 U.S. App. LEXIS 1160; 97 Empl. Prac. Dec. (CCH) 44,996Docket: 13-1761

Court: Court of Appeals for the Seventh Circuit; January 22, 2014; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the plaintiff filed a lawsuit against state officials, alleging constitutional and statutory violations following their decision not to appoint her as an interim Register of Deeds after her bankruptcy filing. She claimed this decision led to reputational damage and contravened her privacy and equal protection rights. Initially, the district court ruled that the defendants had waived their qualified immunity defense by not promptly raising it. However, on interlocutory appeal, the Seventh Circuit Court of Appeals reversed this decision, concluding that the defense was timely asserted following the plaintiff's amended complaint. The court analyzed the privacy claim, finding it unsubstantiated as the disclosed information was already public. Similarly, the equal protection claim was deemed unfounded, given the legitimate governmental interest in considering bankruptcy for the position. The appellate court established its jurisdiction over the qualified immunity appeal and confirmed that the defendants were entitled to qualified immunity, thereby reversing the district court's ruling and remanding for further proceedings.

Legal Issues Addressed

Appellate Jurisdiction Over Qualified Immunity

Application: The appellate court confirmed its jurisdiction to review the district court's denial of qualified immunity, considering it a final decision under 28 U.S.C. 1291.

Reasoning: In the analysis section, Chasensky contends that the appellate court lacks jurisdiction over the appeal. However, established law treats the rejection of an immunity defense as a final decision under 28 U.S.C. 1291.

Equal Protection and Bankruptcy Consideration

Application: The court found no violation of equal protection rights, as considering bankruptcy for a discretionary appointment did not contravene established law, given the rational basis for such consideration.

Reasoning: Chasensky's claim that Walker violated her equal protection rights by denying her a discretionary appointment due to her bankruptcy is also unsubstantiated.

Privacy Rights and Qualified Immunity

Application: Chasensky's claims regarding privacy were dismissed as the information disclosed was public, and existing precedents did not recognize a right to privacy in such circumstances.

Reasoning: Ultimately, her privacy claim fails because it is rooted in the desire for limited publicity surrounding information that was already public prior to her waiver, and existing legal precedents do not support her position, thus failing to overcome the defense of qualified immunity.

Qualified Immunity Defense

Application: The appellate court determined that the defendants did not waive their right to assert qualified immunity, as it was raised at the first opportunity after the amended complaint was filed.

Reasoning: The appellate court acknowledges that the defendants did not waive their qualified immunity defense, as they raised it at the first opportunity after Chasensky filed her amended complaint.