Civil Rights — qualified immunity

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Rights — qualified immunity

It did not violate the equal protection clause for the governor to not appoint a person as a county register of deeds upon learning that she had filed for bankruptcy.

“Chasensky cites no case law suggesting that the equal protection clause precludes gubernatorial consideration of an applicant’s bankruptcy when she has applied for a political appointment. Consequently, Walker violated no ‘clearly established’ law by failing to appoint Chasensky for the position she sought. Humphries, 702 F.3d at 1006 (quoting Pearson, 555 U.S. at 236). Nor did Walker violate Chasensky’s constitutional rights by declining to exercise his gubernatorial discretion for her benefit. The rule in this circuit is clear. ‘A governmental officer holding the power of appointment may make any decision he pleases, unless the Constitution bars the way.’ Kurowski v. Krajewski, 848 F.2d 767, 770 (7th Cir. 1988).8 The Constitution does not bar Walker’s non-appointment of Chasensky to Register of Deeds.”

Reversed and Remanded.

13-1761 Chasensky v. Walker

Appeal from the United States District Court for the Eastern District of Wisconsin, Randa, J., Manion, J.