Martin A. Schwartz The Myriad Problems With Qualified Immunity
In his Section 1983 Litigation column, Martin Schwartz joins jurists and academics who, over the last several years, have criticized the Supreme Court's qualified immunity jurisprudence, calling for its elimination or at least reform.
January 04, 2021 at 12:30 PM
13 minute read
Section 1983 law is filled with various immunity defenses. Some officials are protected from personal liability by absolute judicial, prosecutorial, witness, or legislative immunity. Officials who carry out executive and administrative functions are protected by qualified immunity. Qualified immunity protects an official from personal monetary liability for her unconstitutional conduct if she did violate the plaintiff's clearly established constitutional rights.
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