Doctrines
Qualified Immunity
Tort and Equity Doctrine
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Origin 1967, Pierson v. Ray; modern objective test set in 1982, Harlow v. Fitzgerald.
Qualified immunity is a doctrine of United States law that shields government officials performing discretionary functions from civil liability for money damages, unless the plaintiff shows the official violated a clearly established statutory or constitutional right of which a reasonable official would have known. The Supreme Court first recognized a version of the doctrine in Pierson v. Ray (1967) and set out its modern objective test in Harlow v. Fitzgerald (1982); the doctrine has drawn sustained judicial and academic criticism over its statutory foundation, including a concurrence from Justice Clarence Thomas in Ziglar v. Abbasi (2017) questioning its basis.
Facts
Origin Period1967, Pierson v. Ray; modern objective test set in 1982, Harlow v. Fitzgerald. 1 Core PrincipleGovernment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. 1 Cross-Tradition Connections
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