Hernandez v. Ridley, et al, No. 12-6188 (10th Cir. 2013)
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Jose Hernandez, Jr., and Salvador Hernandez were killed by a motorist while they were performing road construction in Oklahoma. Their representative sued their employer, Duit Construction Company, and the motorist and alleged a substantive due process claims against multiple Oklahoma Department of Transportation (ODOT) employees. All ODOT employees (except the director and the resident engineer on the construction project) were dismissed by the district court. The question before the Tenth Circuit in this case was whether the two remaining employees were entitled to qualified immunity. The district judge said no; but because the alleged facts revealed no constitutional violation, the Tenth Circuit reversed.
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