Jeffrey R. Golin, et ux. v. San Andreas Regional Center, et al.
AdministrativeLaw SocialSecurity DueProcess FourthAmendment FirstAmendment CriminalProcedure Privacy JusticiabilityDoctri
Whether persons who are not government officials and not performing governmental duties can claim qualified immunity from suit in a civil rights action pursuant to 42 U.S.C. § 1983:
Whether it is harmless error to submit to the jury the legal issue whether a defendant is entitled to qualified immunity.
Whether it is harmless error to submit to the jury for determination the legal standard whether the defendants' conduct, in light of U.S. Supreme Court precedent and historical understanding of the Constitution, meets the "shocks the conscience" standard for constitutional violations.
Whether, if the defendants' conduct did violate the Constitution, a governmental official in defendants' position could nevertheless reasonably believed their conduct was lawful.
Whether petitioners were entitled to a directed verdict when respondents acted jointly to involuntarily confine Petitioner Nancy Golin, an autistic, mentally retarded woman, at an undisclosed location for 11 months, without due process, or indeed, any process of law at all, or does the defendants' professed desire to keep Nancy Golin "safe" absolve them from liability?
Whether persons who are not government officials and not performing governmental duties can claim qualified immunity from suit in a civil rights action pursuant to 42 U.S.C. § 1983