Is a federal government official entitled to qualified immunity from a claim for damages arising out of a warrantless wiretap?

MultiRegion, United States of America

The following excerpt is from Robison v. Via, 821 F.2d 913 (2nd Cir. 1987):

Second, even if the interest asserted by the plaintiff was clearly of a type generally protected by federal law, the defendant is entitled to immunity as a matter of law if it was not clear at the time of the acts at issue that an exception did not permit those acts. Thus, in Mitchell v. Forsyth, the United States Attorney General was held entitled to qualified immunity from a suit seeking damages for a warrantless wiretap because, although an individual's right in general to be free of such warrantless intrusions was well established, there was, at the time of the challenged wiretap, a legitimate unresolved question as to the existence of a national-security exception permitting such a wiretap. See 472 U.S. at 531-35 & n. 12, 105 S.Ct. at 2518-20 & n. 12.

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