TORNER v. REAGEN

No. 87-1762.

437 N.W.2d 553 (1989)

William V. TORNER, Executor of the Estate of Bernice S. Torner, Appellee, v. Michael V. REAGEN, Commissioner of the Iowa Department of Social Services, Appellant.

Supreme Court of Iowa.

March 22, 1989.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Craig Kelinson, Sp. Asst. Atty. Gen., and Eleanor E. Lynn, Asst. Atty. Gen., for appellant.

Bruce L. Braley of Mosier, Thomas, Beatty, Dutton, Braun & Staack, Waterloo, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, NEUMAN, and ANDREASEN, JJ.


HARRIS, Justice.

This is a tort action, brought under 42 U.S.C. section 1983 against the commissioner of the Iowa department of human services. The question is whether the commissioner enjoys qualified immunity for the actions which form the basis of this suit. We think qualified immunity is a defense under the circumstances. Hence we reverse a judgment entered in favor of the plaintiff.

This suit is another result of the matters outlined in Torner by Torner...

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