Is a government official entitled to qualified immunity from liability for civil damages?
The following excerpt is from Moss v. U.S. Secret Serv., D.C. No. 1:06-cv-03045-CL, No. 10-36152, No. 10-36172 (9th Cir. 2012):
"[Q]ualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" Pearson v. Callahan, 555 U.S. 223, 231 (2009) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)). The purpose of such immunity is to ensure that public officials may be held "accountable when they exercise power irresponsibly," while "shield[ing]" them "from harassment, distraction, and liability when they perform their duties reasonably." Id.
To determine whether a government official is entitled to qualified immunity, we conduct a two-prong analysis. See,
Page 32
"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.
