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However, officials performing discretionary functions can receive qualified immunity from liability for unlawful conduct if they reasonably might not have known their conduct would violate a right or a law.
The first, from Parfit, is that it is questionable whether an act an individual would not "regret" and would even applaud can violate a right.
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Almost 50 years ago in Griswold v. Connecticut, the Supreme Court struck down state restrictions on contraception because they violated a right to privacy.
Griswold v. State of Connecticut 1965 Declared that a Connecticut state law prohibiting the use of contraceptives violated a right of marital privacy implied by various specific guarantees within the Bill of Rights.
Lochner v. New York 1905 Struck down a New York City law limiting bakery workers to 10 hours of labour a day, holding that it violated a right to freedom of contract guaranteed by the due process clause of the Fourteenth Amendment.
The Seattle law also allows drivers to sue in court if their collective bargaining rights are violated, a right not granted by federal law.
In concurrence, Justice Harlan relied entirely and explicitly upon the Fourteenth Amendment and determined that the Connecticut anti-contraception law violated a right that was "implicit in the concept of ordered liberty".
Justice Harlan relied entirely and explicitly upon the Fourteenth Amendment and determined that the Connecticut anti-contraception law violated a right that was "implicit in the concept of ordered liberty".
State secrecy laws may also violate a public right of access to executions and execution protocols guaranteed by the First and Fourteenth Amendments.
Moreover, San Francisco contends that, at the least, the officers did not violate a clearly established right and, thus, are protected from liability by qualified immunity.
That would violate a defendant's right to due process.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com