Former Cty Clerk Kim Davis Loses Bid for Qualified Immunity in Lawsuit Brought by Same-Sex Couple
Davis violated the clearly established rights of two couples David Ermold and David Moore; and James Yates and Will Smith to marry when she declined to issue marriage licenses based on her belief that same-sex marriage was immoral, Judge Richard Allen Griffin of the Sixth Circuit Court of Appeals wrote in the brief, five-page opinion.
This is the second time Davis lost an effort to claim qualified immunity for her repeated, unlawful denials of marriage licenses.
As the court noted, over three years ago, during the motion-to-dismiss stage, the plaintiffs pleaded a plausible case against the disgraced former clerk who was unseated by a Democrat in 2018.
At the summary-judgment stage, discovery proved the facts plaintiffs pleaded, Griffin explained. Thus, Davis is still not entitled to qualified immunity, and we again affirm the district court.
https://lawandcrime.com/lgbtq/anti-gay-marriage-former-county-clerk-kim-davis-loses-bid-for-qualified-immunity-in-lawsuit-brought-by-same-sex-couples-again/