What is the test for qualified immunity under Section 1983 of the Claims Act?

MultiRegion, United States of America

The following excerpt is from Demoret v. Zegarelli, 451 F.3d 140 (2nd Cir. 2006):

If on the other hand, "a violation could be made out on a favorable view of the parties' submissions, the next, sequential step is to ask whether the right was clearly established." Id. A defendant is entitled to qualified immunity only if he can show that, viewing the evidence in the light most favorable to plaintiffs, no reasonable jury could conclude that the defendant acted unreasonably in light of the clearly established law. Ford v. Moore, 237 F.3d 156, 162 (2d Cir.2001). In other words, government officials will be immune from liability if they can establish that it was objectively reasonable for them

Page 149

to believe their actions were lawful at the time. Moore, 371 F.3d at 114.

II Section 1983 Claims

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)
Is a police officer entitled to qualified immunity in the context of a false arrest claim? (MultiRegion, United States of America)
Are defendants entitled to qualified immunity for failing to provide fair notice of Section 240.30(1) of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
When there is no probable cause to arrest, does a police officer have qualified immunity from a claim of false arrest? (MultiRegion, United States of America)
Can a prison official claim qualified immunity from liability in a civil case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.