Demaray v. Dept. of Environmental Quality

I agree with the majority that the trial court properly granted summary judgment to DEQ on plaintiffs section 1983 claim and to the individually named defendants on plaintiffs state tort law claims, for the reasons stated by the majority. I also agree that the trial court erred in granting summary judgment to DEQ on plaintiffs state tort law claims. I disagree, however, with the majority’s conclusion that the trial court erred in granting summary judgment to the individually named defendants on plaintiffs section 1983 claim.

Defendants are entitled to summary judgment on plaintiffs section…