Ungerer v. Moody

Judge ROTHENBERG

concurring in part and dissenting in part.

I concur with part III of the majority opinion holding that the plaintiff has failed to state a claim under 42 U.S.C. § 1983 for deprivation of his Fourteenth Amendment right to due process. However, because I also conclude that defendant was entitled to dismissal based upon qualified immunity, I respectfully dissent from the reversal of the judgment.

I

Plaintiffs facts, taken as true, are these. On the date in question, plaintiff, a county employee, was “returning to the county shop” in a road grader, when defendant Moody, a state…