INCOMPETENT, 'irrational, unconscionable,' (OREA/BREA) WILLIAM DRABICK, SAYS 9TH CIRCUIT FEDERAL COURT JUDGE

By
Real Estate Appraiser with commercial appraiser la, 310.337.1973 310.337.1973

INCOMPETENT,  irrational, unconscionable, STATE (OREA/BREA) EMPLOYEE, WILLIAM DRABICK SP APPRAISER,  CAN BE SUED AS AN INDIVIDUAL

STUART GROTEN, AN INDIVIDUAL, PLAINTIFF-APPELLANT,
v.
. . .WILLIAM DRABICK, AS AN INDIVIDUAL AND AS AN EMPLOYEE OF THE OFFICE OPINION OF REAL ESTATE APPRAISERS. . . DEFENDANTS-APPELLEES.

 

V. Qualified Immunity

37

The district court also determined that the state officials, in their individual capacity, were entitled to qualified immunity. Qualified immunity is an affirmative defense that must be raised by a defendant.25 Thus, a Rule 12(b)(6) dismissal is not appropriate unless we can determine, based on the complaint itself, that qualified immunity applies.26

38

Government officials are given qualified immunity "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."27 Although the Fourteenth Amendment right to due process in the application procedure may not have been clearly established at the time of the alleged violations, Groten alleged that the appellees refused to give him the proper application materials and did not allow him to apply for the licenses which he sought. These ministerial acts are unshielded by qualified immunity, which protects"only actions taken pursuant to discretionary functions."28

39

Because Groten alleged acts to which qualified immunity may not apply, we must reverse the dismissal of his complaint pursuant to Rule 12(b)(6) on qualified immunity grounds.

https://www.courtlistener.com/opinion/773460/stuart

UNREASONABLE: 

  1. not reasonable or rational; acting at variance with or contrary to reason; not guided by reason or sound judgment; irrational:
  2. an unreasonable person.
  3. not in accordance with practical realities, as attitude or behavior; inappropriate:His Bohemianism was an unreasonable way of life for one so rich.
  4. excessive, immoderate, or exorbitant; unconscionable:  https://www.dictionary.com/browse/unreasonable 
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Rainmaker
50,166
Commercial Appraiser/Forensic Consul
commercial appraiser la, 310.337.1973 - Los Angeles, CA
A Full Service Commercial Appraiser and Consultant

YES!  HANG HIM HIGH!  WILLIAM DRABICK

Harlow v. Fitzgerald, 457 U.S. 800 (

Supreme Court of the United States

 

 

 

 

 

 

 

By defining the limits of qualified immunity essentially in objective terms, we provide no license to lawless conduct. The public interest in deterrence of unlawful conduct and in compensation of victims remains protected by a test that focuses on the objective legal reasonableness of an official's acts. Where an official could be expected to know that certain conduct would violate statutory or constitutional rights, he should be made to hesitate; and a person who suffers injury caused by such conduct may have a cause of action.[33] But where an official's duties legitimately require action in which clearly established rights are not implicated, the public interest may be better served by action taken "with independence and without fear of consequences." Pierson v. Ray, 386 U.S. 547, 554 (1967).[34]  https://www.courtlistener.com/opinion/110763/harlow-v-fitzgerald/ 

Sep 12, 2018 11:45 AM #1
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