Does the individual appellees have a claim of qualified immunity from prosecution in a civil action brought by a defendant in a criminal case?

MultiRegion, United States of America

The following excerpt is from Medina v. Miller, 114 F.3d 1195 (9th Cir. 1997):

In this case, the individual appellees were not parties to the criminal case; there is no indication that they controlled that litigation; and the burden of proof in the criminal case was on the government to show the lawfulness of the search and arrest, whereas the burden of showing the unlawfulness in this civil action is upon the individual appellants. Griffin v. Strong, 739 F.Supp. 1496 (D.Utah 1990). Moreover, contrary to appellants' suggestions at trial and before this court, the question of the illegality of the search and arrest is not equivalent to the question of whether appellees will ultimately be held liable. Even if the appellees' conduct had violated appellants' constitutional rights, the jurors were entitled to find that appellees were shielded by qualified immunity because they reasonably believed that they were acting lawfully, and the jury in fact so found.

Other Questions


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)
What federal injunctive relief is needed in a civil case brought by a defendant in a criminal case brought in good faith under a statute of doubtful constitutional validity? (MultiRegion, United States of America)
When a defendant invokes qualified immunity in a civil case, what is the test for such a qualified immunity? (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)
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 qualified immunity for a claim for damages against a defendant who is also a defendant in a civil case? (MultiRegion, United States of America)
Can a federal government official be held liable for civil damages in a civil case brought by a plaintiff who was not aware of the impact of the actions of a federal civil servant on her client's civil rights? (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 granting qualified immunity from liability for civil damages in a civil case brought by a police officer who searched a vehicle during a search? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.