re: Migrants suing DeSantis

Can you say frivolous lawsuit?!

So many procedural flaws with asserting 1983 claims here. For starters, you can't have vicarious liability under 1983. So the migrants are going to need to find the actual state actors who physically put them on the bus to have any chance of success. DeSantis can't be held vicariously liable for the actions/inactions of non-party state actors. I suppose they could allege a policy claim against DeSantis per Ex Parte Young, but this was a one-time flight! Totally frivolous.

Plus, even if DeSantis may have violated some constitutional right in his personal capacity--not sure which one that could have been and it certainly isn't a Fourth Amendment violation--whatever right it was, was not so clearly established such that BDR wouldn't get qualified immunity. I'm aware of no prior case that says that illegal aliens that agree to be flown by a state of their own free will to a liberal resort town violates the constitution.