Is there a qualified immunity in the context of a civil action brought by former Deputy First Minister of State John Rutherford, who was sued in his individual capacity for violating Section 1983 of the Civil Code of Civil Procedure?

MultiRegion, United States of America

The following excerpt is from Deorle v. Rutherford, 263 F.3d 1106 (9th Cir. 2001):

Rutherford, who was sued in his individual capacity for violating 1983, has raised the affirmative defense of qualified immunity. The doctrine of qualified immunity insulates government agents against personal liability for money damages for actions taken in good faith pursuant to their discretionary authority. See Harlow v. Fitzgerald , 457 U.S. 800, 807 (1982). More specifically, "governmental officials . . . 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." Id. at 818.

Other Questions


What is the current state of the law on qualified immunity from civil damages for civil damages in a civil case brought by a former state department employee who was ordered to stop doing her job by mistake? (MultiRegion, United States of America)
Does a federal magistrate-judge err in finding that defendants in both official and individual capacities are immune from civil action in both their official capacity and their individual capacity? (MultiRegion, United States of America)
Is a prosecutor immune from civil action under Section 1983 of the Civil Code of Civil Procedure? (MultiRegion, United States of America)
What is the test for qualified immunity for civil damages in a civil case brought by a former employee of the Department of Justice who is accused of misusing his position as a witness? (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)
What is the test for qualified immunity from civil damages in a civil action brought by a plaintiff who alleges that she was sexually harassed by a member of her staff while on duty? (MultiRegion, United States of America)
What is the test for proving a violation of Section 1519 of the Civil Code of Civil Procedure in the context of an investigation into the activities of the FBI? (MultiRegion, United States of America)
Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)
Does Section 167(4) of the New York State Code of Civil Procedure apply to a plaintiff's claim under Section 167 of the Civil Rights Act? (MultiRegion, United States of America)
In a civil action brought by the Department of Justice against the State of Oregon for wrongful arrest pursuant to an invalid warrant, does the state have any liability or immunity? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.