How does the doctrine of qualified immunity apply in civil cases?

MultiRegion, United States of America

The following excerpt is from Shechter v. Comptroller of City of New York, 79 F.3d 265 (2nd Cir. 1996):

The doctrine of qualified immunity "shields government officials from liability for damages on account of their performance of discretionary official functions 'insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " Rodriguez v. Phillips, 66 F.3d 470, 475 (2d Cir.1995) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982)). In order to sustain a qualified immunity defense, a public official must demonstrate that two conditions are satisfied.

First, the defendant must show that the conduct of which the plaintiff complains falls within the scope of the defendant's official duties. See Butz v. Economou, 438 U.S. 478, 495, 98 S.Ct. 2894, 2905, 57 L.Ed.2d 895 (1978) (doctrine does not "abolish the liability of federal officers for actions manifestly beyond

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