Is qualified rather than absolute immunity sufficient to protect a government official from prosecution?
MultiRegion, United States of America
The following excerpt is from Fenters v. Chevron, No. CV-F-05-1630 OWW/DLB (E.D. Cal. 2010):
Fitzsimmons, 509 U.S. 259, 273 (1993). The official seeking absolute immunity bears the burden of showing that such immunity is justified for the function in question. Id. at 269. "The presumption is that qualified rather than absolute immunity is sufficient to protect government officials in the exercise of their duties." Burns v. Reed, 500 U.S. 478, 486-487 (1991).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the doctrine of qualified immunity protect a government official from liability for civil damages in a civil case? (MultiRegion, United States of America)
What is the test for a jury to determine whether a plaintiff has qualified immunity from prosecution under the doctrine of qualified immunity? (MultiRegion, United States of America)
Does the doctrine of qualified immunity protect a government official from liability for civil damages? (MultiRegion, United States of America)
Is a government official entitled to qualified immunity from liability for civil damages? (MultiRegion, United States of America)
When a defendant invokes qualified immunity in a civil case, what is the test for such a qualified immunity? (MultiRegion, United States of America)
Is qualified immunity a valid qualified immunity defense? (MultiRegion, United States of America)
In what circumstances will a former official be qualified for immunity from prosecution under section 5(f) of the Civil Rights Act? (MultiRegion, United States of America)
What is the test for qualified immunity for a government official who allegedly violated a civil rights violation? (MultiRegion, United States of America)
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)
Is a government official entitled to qualified immunity in a civil case? (MultiRegion, United States of America)
