I would re-submit my request for religious exemption, along with a 1-paragraph notice that the county and INDIVIDUAL SUPERVISORS will be personally sued if my religious rights, as well as my constitutional rights as a citizen, are disregarded.
County officials cannot be personally held liable for decisions made in their official capacity representing the county... but that does NOT give them the right to knowingly violate the law and discriminate against me. That opens them right up to personal lawsuits.
County officials cannot be personally held liable for decisions made in their official capacity representing the county
But when they act outside of their authority by violating rights and their oath of office, they are no longer acting in their official capacity but rather their personal capacity, and they are not protected from liability.
"The immunity of a state from suit has long been held not to extend to actions against state officials for damages arising out of willful and negligent disregard of state laws. The reach of the rule is evident in Scheuer v. Rhodes,166 in which the Court held that plaintiffs were not barred by the Eleventh Amendment or other immunity doctrines from suing the governor and other officials of a state alleging that they deprived plaintiffs of federal rights under color of state law and seeking damages, when it was clear that plaintiffs were seeking to impose individual and personal liability on the officials. There was no “executive immunity” from suit, the Court held; rather, the immunity of state officials is qualified and varies according to the scope of discretion and responsibilities of the particular office and the circumstances existing at the time the challenged action was taken."
Q
Q was quoting from the US Supreme Court case of Scheuer v. Rhodes. Here is the holding:
“When a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The state has no power to impart to him any immunity from responsibility to the supreme authority of the United States” -- Scheuer v. Rhodes 416 US 232 (1974)
I would re-submit my request for religious exemption, along with a 1-paragraph notice that the county and INDIVIDUAL SUPERVISORS will be personally sued if my religious rights, as well as my constitutional rights as a citizen, are disregarded.
County officials cannot be personally held liable for decisions made in their official capacity representing the county... but that does NOT give them the right to knowingly violate the law and discriminate against me. That opens them right up to personal lawsuits.
Now... either reconsider, or we get litigious.
But when they act outside of their authority by violating rights and their oath of office, they are no longer acting in their official capacity but rather their personal capacity, and they are not protected from liability.
https://www.law.cornell.edu/constitution-conan/amendment-11/suits-against-state-officials
"The immunity of a state from suit has long been held not to extend to actions against state officials for damages arising out of willful and negligent disregard of state laws. The reach of the rule is evident in Scheuer v. Rhodes,166 in which the Court held that plaintiffs were not barred by the Eleventh Amendment or other immunity doctrines from suing the governor and other officials of a state alleging that they deprived plaintiffs of federal rights under color of state law and seeking damages, when it was clear that plaintiffs were seeking to impose individual and personal liability on the officials. There was no “executive immunity” from suit, the Court held; rather, the immunity of state officials is qualified and varies according to the scope of discretion and responsibilities of the particular office and the circumstances existing at the time the challenged action was taken."
Q
Q was quoting from the US Supreme Court case of Scheuer v. Rhodes. Here is the holding:
“When a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The state has no power to impart to him any immunity from responsibility to the supreme authority of the United States” -- Scheuer v. Rhodes 416 US 232 (1974)