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

The following excerpt is from Davis v. Hedgpeth, CASE NO. 1:07-cv-00696-OWW-SKO PC, Doc. 53 (E.D. Cal. 2011):

Government officials enjoy qualified immunity from civil damages unless their conduct violates "clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727 (1982). "Qualified immunity balances two important interests - the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably," Pearson v. Callahan, 555 U.S. 223, _, 129 S.Ct. 808, 815 (2009), and it protects "all but the plainly incompetent or those who knowingly violate the law," Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092 (1986).

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