Luz Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)

Citation: Luz Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Parent Document: Luz 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/759590/luz-gonzalez-v-lee-county-housin... ↗

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A public official forfeits qualified immunity by violating the clear command of a federal regulation that, like section 100.400(c)(3), reinforces a statute and thus helps to provide the basis for a cause of action. The Supreme Court has concluded that administrative regulations, in and of themselves, do not provide sufficient notice to override officials' qualified immunity when the plaintiff alleges a violation of broadly conceived constitutional rights. See Davis v. Scherer, 468 U.S. 183, 193-96, 104 S.Ct. 3012, 3018-20, 82 L.Ed.2d 139 (1984); see also Childress v. Small Bus. Admin., 825 F.2d 1550, 1553 (11th Cir.1987)(quoting Davis, 468 U.S. at 194 n. 12, 104 S.Ct. at 3019 n. 12); Harbert Int'l, Inc. v. James, 157 F.3d 1271, 1285-86 (11th Cir.1998). As the Supreme Court explained, because every failure to obey a regulation could potentially provide the basis for the assertion of a constitutional right--even one "that was not clearly defined or perhaps not even foreshadowed at the time of the alleged violation"--the mere breach of a regulation cannot, in itself, defeat a defendant's qualified immunity. Davis, 468 U.S. at 195, 104 S.Ct. at 3019. The reason for this rule is obvious given the rationale underlying the qualified immunity doctrine: public officers should have fair warning of what actions will expose them to the threat of lawsuits and eventual liability. "[O]fficials can act without fear of harassing litigation only if they reasonably can anticipate when their conduct may give rise to liability for damages...." Davis, 468 U.S. at 195, 104 S.Ct. at 3019. Accordingly, we do not expect state officials to be aware of every regulation that indirectly might give rise to a possible constitutional claim.

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