G. Russell Rollyson, Jr., in His Official and Individual Capacity v. Jeffrey O'Neal, et ux.

The State Auditor’s office issued a tax deed to a tax lien purchaser after envelopes were returned to the State Auditor’s office undeliverable. The State statutory scheme imposes the duties and burdens of perfecting service of the notice to redeem on delinquent tax lien purchaser upon the tax lien purchaser. At no point prior to this case had a court determined that, under the State’s statutory scheme, the State Auditor’s office bears a constitutional duty to perfect service of the notice to redeem upon the delinquent tax lien purchaser. The question presented is: 1. Whether a Deputy State Auditor is entitled to qualified immunity because no previous court had interpreted the State’s statutory scheme as imposing the burden to perfect constitutional service of the notice to redeem upon the State?