Section 3617

Citation: Section 3617
Parent Document: Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Jurisdiction: United States (federal)
Effective Date: 1998-12-02
Original Source: https://www.courtlistener.com/opinion/73387/gonzalez-v-lee-county-housing-authority/ ↗

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As this line of cases expressly acknowledges, however, the logic they employ does not apply where a statute or regulation specifically creates the plaintiffs cause of action, because in those instances, government officials are on notice of the parameters of their exposure to suit and liability. See Davis, 468 U.S. at 194 n. 12, 104 S.Ct. at 3019 n. 12 (“[I]f a statute or regulation does give rise to a cause of action for damages, clear violation of the statute or regulation forfeits immunity only with respect to damages caused by that violation.”); Childress, 825 F.2d at 1553 (“[N]either federal nor state officials lose their immunity by violating the clear command of a statute or regulation ... unless that statute or regulation provides the basis for the cause of action sued upon.”)(quoting Davis, 468 U.S. at 194 n. 12, 104 S.Ct. at 3019 n. 12); Harbert, 157 F.3d at 1285 (same).40 As the Supreme Court subsequently described its decision in Davis:

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