Torner v. Reagen

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 v. State, 399 N.W.2d 381 (Iowa 1987). As detailed there, the department of human services determined that Bernice Tomer became ineligible…