Qualified Immunity

By: Derek Hawkins//October 23, 2018//

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7^th Circuit Court of Appeals

Case Name: Laera D. Reed, et al. v. Charles Palmer

Case No.: 18-1429; 18-1438

Officials: FLAUM, MANION, and ROVNER, Circuit Judges.

Focus: Qualified Immunity

The State of Iowa declared Laera Reed and Paige Ray-Cluney delinquent youths and sent them to a juvenile institution in Wisconsin. Plaintiffs filed suit under 42 U.S.C. § 1983 against multiple Wisconsin officials and Charles Palmer, the Director of the Iowa Department of Human Services, alleging they suffered from the excessive use of isolation cells and excessive force. A district court in the Western District of Wisconsin dismissed plaintiffs’ claims against Palmer at the pleading stage on the basis of qualified immunity, and plaintiffs now appeal. For the reasons below, we reverse.

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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