Can qualified immunity be a defense in a civil case?
MultiRegion, United States of America
The following excerpt is from Badea v. Cox, 931 F.2d 573 (9th Cir. 1991):
1 Because this is a 12(b)(6) motion, qualified immunity cannot be considered. Qualified immunity is a defense, see Merriman v. Walton, 856 F.2d 1333 (9th Cir.1988), and 12(b)(6) tests the adequacy of the plaintiff's pleadings. F.R.Civ.P. 12(b)(6).
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