What is the legal test for the defense of qualified immunity in a civil case?
MultiRegion, United States of America
The following excerpt is from Soto v. Gaudett, 862 F.3d 148 (2nd Cir. 2017):
The defense of qualified immunity protects a government official, sued for actions he took under color of state law, from claims for damages against him in his individual capacity. That defense does not belong to the governmental entity; the entity itself is not allowed to assert that defense. See Owen v. City of Independence , 445 U.S. 622, 638, 100 S.Ct. 1398, 63 L.Ed.2d 673 (1980) ;
[862 F.3d 163]
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