Is the summary judgment analysis the same for a state civil rights lawsuit?
No. While it is sometimes tricky to distinguish between discretionary acts and ministerial acts, with state law civil rights analysis you do not have the absurd result suggested by the federal analysis, i.e., that a wrong might be found to have been committed without a remedy. This is because there is technically no requirement that a ministerial obligation be “clearly established.” However, the same principle applies, e.g., if you cannot defeat the state immunity defenses at summary judgment, the case dissolves.
