Schroeter v. Kedra

(1) Whether a state actor"s recklessness or gross negligence may form the basis for a constitutional violation under the Fourteenth Amendment"s substantive due process clause, pursuant to 42 U.S.C. § 1983, when there was no intent to cause the harm that resulted; and (2) whether"if a state actor can be held liable for a constitutional violation under the Fourteenth Amendment"s substantive due process clause when he acts with recklessness or gross negligence, but lacks actual knowledge of the risk"he is entitled to qualified immunity since the right was not clearly established in the law at the time the act causing the harm occurred.