What is the burden of proving qualified immunity?

MultiRegion, United States of America

The following excerpt is from Kass v. City of N.Y., 864 F.3d 200 (2nd Cir. 2017):

The burden is on the defendants to demonstrate that qualified immunity applies and that their motion for judgment on the pleadings should be granted. McKenna v. Wright , 386 F.3d 432, 436 (2d Cir. 2004). The defendants therefore must show that, construing all reasonable inferences in the plaintiff's favor, "the facts supporting the [immunity] defense appear on the face of the complaint" and that "it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief." Id. (citation omitted).

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