Can a defendant plead qualified immunity in a civil case?
MultiRegion, United States of America
The following excerpt is from Ruiz v. Flores, CASE NO. 1:14-cv-00179 AWI SMS (E.D. Cal. 2015):
"Because qualified immunity is an affirmative defense from suit, not merely from liability, '[u]nless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.'" Doe By and Through Doe v. Petaluma City School Dist., 54 F.3d 1447, 1449-50 (9th Cir.1995) (quoting Mitchell v. Forsyth, 472 U.S. 511, 526 (1985)).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a defendant invokes qualified immunity in a civil case, what is the test for such a qualified immunity? (MultiRegion, United States of America)
Is a plea of guilty in a civil case against a defendant who is also a defendant in the same civil case? (MultiRegion, United States of America)
How has the pleading standard been interpreted in civil civil cases in the context of civil civil litigation? (MultiRegion, United States of America)
Is qualified immunity available to a defendant who is not a defendant in a civil case? (MultiRegion, United States of America)
Can a police officer defend a civil rights action against a defendant in a civil civil rights case under discovery? (MultiRegion, United States of America)
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)
What is qualified immunity for a claim for damages against a defendant who is also a defendant in a civil case? (MultiRegion, United States of America)
What is qualified immunity for a defendant in a civil case? (MultiRegion, United States of America)
In what circumstances will defendants be found to have qualified immunity in a civil case? (MultiRegion, United States of America)
What is the test for immunity for defendants in a civil case where they are defendants in possession of a firearm? (MultiRegion, United States of America)
