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Critics argue qualified immunity has allowed government actors, like police officers, who abused power or engaged in unethical conduct to escape responsibility by demanding the plaintiff prove they violated "clearly established" laws or rights, which is a very difficult standard to meet (most cases are unsuccessful).
Saucier v. Katz, 533 U.S. 194 (2001), was a United States Supreme Court case in which the Court considered the qualified immunity of a police officer to a civil rights case brought through a Bivens action.
Pearson v. Callahan, 555 U.S. 223 (2009), was a case decided by the United States Supreme Court dealing with the doctrine of qualified immunity. [1]The case centered on the application of mandatory sequencing in determining qualified immunity as set by the 2001 decision, Saucier v.
After Dorsey's family sued, a lower court agreed with the family that qualified immunity did not protect Agdeppa from personal liability in the matter. That decision was appealed to the 9th Circuit.
California state attorneys urged the Supreme Court to review and reverse the 9th Circuit decisions that rejected a qualified immunity defense for the prison officials. "The facts of these cases ...
A federal appeals court ruled that 'qualified immunity' should not prevent a lawsuit over a fatal LAPD shooting at a 24 Hour Fitness gym from going to a jury.
California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc., 445 U.S. 97 (1980), was a United States Supreme Court case in which the Court created a two-part test for the application of the state action immunity doctrine that it had previously developed in Parker v.
Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, 521 F.3d 1157 (9th Cir. 2008), [1] is a case in which the United States Court of Appeals for the Ninth Circuit, sitting en banc, held that immunity under Section 230 of the Communications Decency Act (CDA) did not apply to an interactive online operator whose questionnaire violated the Fair Housing Act.