What is the test for qualified immunity in a civil case?
MultiRegion, United States of America
The following excerpt is from Polanco v. Pierce, 101 F.3d 684 (2nd Cir. 1996):
In order to establish a qualified immunity defense, a public official must show: 1) "that the conduct of which the plaintiff complains falls within the scope of the defendant's official duties"; and 2) that the official's "alleged conduct did not violate one of the plaintiff's clearly established statutory or constitutional rights." Shechter v. Comptroller of New York, 79 F.3d 265, 268-69 (2d Cir.1996).
"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
What is the current state of the law on qualified immunity from civil damages for civil damages in a civil case brought by a former state department employee who was ordered to stop doing her job by mistake? (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 the test for granting qualified immunity from liability for civil damages in a civil case brought by a police officer who searched a vehicle during a search? (MultiRegion, United States of America)
What is the test for qualified immunity for civil damages in a civil case brought by a former employee of the Department of Justice who is accused of misusing his position as a witness? (MultiRegion, United States of America)
How has the pleading standard been interpreted in civil civil cases in the context of civil civil litigation? (MultiRegion, United States of America)
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (MultiRegion, United States of America)
Does the doctrine of qualified immunity protect a government official from liability for civil damages in a civil case? (MultiRegion, United States of America)
Is there a qualified immunity in the context of a civil action brought by former Deputy First Minister of State John Rutherford, who was sued in his individual capacity for violating Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
Is a government official entitled to qualified immunity in a civil case? (MultiRegion, United States of America)
Can qualified immunity be a defense in a civil case? (MultiRegion, United States of America)
