Wednesday, February 27th, 2008...11:01 am
Employment-related Immunity
Two recent § 1983 opinions address immunities in employment areas.
Licensing investigator: The 9th Circuit today held that an investigator for a state licensing board is not shielded from damages claims by absolute immunity. The panel also held that business goodwill is a constitutionally protected property right that has been clearly established.
Lantz v. Crate, 2008 WL _______ (9th Cir. Feb. 27, 2008)(unpub.)
Arbitration witness: The 2nd Circuit held that a witness in an arbitration has absolute immunity from civil suit for false testimony. This holding parallels, in a federal civil rights context, the common law ruling from the Alaska Supreme Court in Gilbert v. Sperbeck, 126 P.3d 1057 (Alaska 2006)(expert witness in arbitration is immune from fraud and misrepresentation claims).
Rolon v. Henneman, 2008 WL 482468 (2nd Cir. Feb. 25, 2008). H/T: Wait a Second!
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