INCOMPETENT, irrational, unconscionable, STATE (OREA/BREA) EMPLOYEE, WILLIAM DRABICK SP APPRAISER, CAN BE SUED AS AN INDIVIDUAL
STUART GROTEN, AN INDIVIDUAL, PLAINTIFF-APPELLANT,
. . .WILLIAM DRABICK, AS AN INDIVIDUAL AND AS AN EMPLOYEE OF THE OFFICE OPINION OF REAL ESTATE APPRAISERS. . . DEFENDANTS-APPELLEES.
V. Qualified Immunity
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
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
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.
- not reasonable or rational; acting at variance with or contrary to reason; not guided by reason or sound judgment; irrational:
- an unreasonable person.
- not in accordance with practical realities, as attitude or behavior; inappropriate:His Bohemianism was an unreasonable way of life for one so rich.
- excessive, immoderate, or exorbitant; unconscionable: https://www.dictionary.com/browse/unreasonable