Saturday, July 14, 2007

Nebraska Supreme Court reverses Hall county district court's ruling that social worker did not have qualified immunity after police arrested a parent she was investigating for child abuse. Supreme Court takes case because a public officer who is a defendant in a Section 1983 civil rights action and claims qualified immunity may seek immediate appeal of an unfavorable trial court ruling on her qualified immunity if the decision involved solely legal questions. Williams v. Baird, S-06-889, 273 Neb. 977.

the order of the district court denying baird’s claims ofqualified immunity is not a final order under § 25-1902. However, under the collateral order doctrine,we are permitted tor eview baird’s qualified immunity claim withrespect to Williams’ firs such, we conclude that baird is entitled to qualifiedi mmunity on that claim, as Williams failedto allege a legally cognizable constitutional claim. We accord ingly reverse the district court’s denial of baird’s claim ofQualified immunity.

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