Chasensky v. Walker, No. 13-1761 (7th Cir. 2014)
Annotate this CaseIn Wisconsin, Register of Deeds is an elected position. If a vacancy occurs mid-term, the governor may appoint an interim Register for any unexpired portion of the term. The Marinette County Register announced her mid-term retirement. Chasensky, then employed as Chief Deputy Register of Deeds, sought the interim appointment. Chasensky was interviewed by Esser, Walker’s appointments official, who informed Chasensky that he would forward her application to Governor Walker for appointment to the position. Esser subsequently learned that Chasensky was involved in a personal bankruptcy proceeding. Esser informed Chasensky that Walker would not appoint her as interim Register. Chasensky claims that Werwie, Walker’s official spokesperson, publically broadcast that she was not appointed because she was in a bankruptcy proceeding and that “[d]erogatory comments and innuendo regarding [her] bankruptcy, personal financial matters and character which impugned and harmed [her] professional and personal reputation were intentionally publically disclosed by Governor Walker and Mr. Werwie” when Governor Walker spoke on the FOX television network. Werwie publically announced that Walker had planned to appoint her until he learned of her bankruptcy. In her suit alleging violation of privacy rights, employment rights, and of 11 U.S.C. 525(a) (bankruptcy discrimination), the district court held that the defendants waived qualified immunity by failing to raise it before their motion to dismiss the amended complaint. The Seventh Circuit reversed; the defendants are entitled to qualified immunity from Chasensky’s privacy and equal protection claims.
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