What is the test for a qualified immunity claim?

MultiRegion, United States of America

The following excerpt is from Roe ex rel. Callahan v. GUSTINE UNIFIED SCHOOL, 678 F. Supp.2d 1008 (E.D. Cal. 2009):

In analyzing a claim of qualified immunity, there are two inquiries: "First, we inquire whether, taken in the light most favorable to the party asserting the injury, that party has established a violation of a federal right. Assuming this threshold inquiry is satisfied, we consider whether the School Officials' conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known." Preschooler II v. Clark County Bd. of Trs., 479 F.3d 1175, 1179-80 (9th Cir.2007) (internal quotations and citations omitted). While this sequence is "often appropriate, it should no longer be regarded as mandatory." Pearson v. Callahan, ___ U.S. ___, 129 S.Ct. 808, 818, 172 L.Ed.2d 565 (2009).

Other Questions


What is the burden of proving qualified immunity when a defendant raises the qualified immunity defense? (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)
What is qualified immunity and what is the effect of qualified immunity? (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)
Is qualified immunity a valid qualified immunity defense? (MultiRegion, United States of America)
Is a police officer qualified for qualified immunity on an unlawful detention claim? (MultiRegion, United States of America)
Does a defendant have entitlement to qualified immunity against state law claims? (MultiRegion, United States of America)
What is qualified immunity for a claim for damages against a defendant who is also a defendant in a civil case? (MultiRegion, United States of America)
Is an arresting officer entitled to qualified immunity from damages on a claim for arrest without probable cause? (MultiRegion, United States of America)
What is the test for qualified immunity under Section 1983 of the Claims Act? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.