 |
 |
|
Defining “Qualified Immunity”The Supreme Court decisional law holds that qualified immunity is not just an immunity from liability, but an “immunity from suite,” that is, from the burdens of having to defend the litigation. Qualified immunity protects an official who violated the plaintiff’s federally protected right so long as the official did not violate clearly established federal law. When qualified immunity is asserted as a defense, the critical issue is whether the defendant official violated federal law that was clearly established at the time she acted. That the official may have violated clearly established state law is generally irrelevant. Qualified immunity protects officials who acted in an objectively reasonable manner. An official who violated clearly established federal law did not act in an objectively reasonable manner, while an official who violated federal law, but not clearly established federal law did not act in an objectively reasonable manner. More information about the book Sword and Shield: A Practical Approach to Section 1983 Litigation, Third Edition |
|
