Is qualified immunity an affirmative defense that the government must plead and prove?
MultiRegion, United States of America
The following excerpt is from Ventura v. Rutledge, 398 F.Supp.3d 682 (E.D. Cal. 2019):
3 "Qualified immunity is an affirmative defense that the government has the burden of pleading and proving." Frudden v. Pilling , 877 F.3d 821, 831 (9th Cir. 2017) (citing Houghton v. South , 965 F.2d 1532, 1536 (9th Cir. 1992) ).
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