What is the test for qualified immunity from civil damages in a civil action brought by a plaintiff who alleges she was sexually harassed and sexually harassed by a member of her staff while on duty?

MultiRegion, United States of America

The following excerpt is from Hawkins v. California, Case No.: 1:09-cv-01705-LJO-MJS (PC) (E.D. Cal. 2013):

Government officials enjoy qualified immunity from civil damages unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). "Qualified immunity balances two important interests-the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably," Pearson v. Callahan, 555 U.S. 223, 231 (2009), and it protects "all but the plainly incompetent or those who knowingly violate the law," Malley v. Briggs, 475 U.S. 335, 341 (1986).

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