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Display titleSection 1983 Litigation/Personal-Capacity Claims: Absolute Immunities
Default sort keySection 1983 Litigation/Personal-Capacity Claims: Absolute Immunities
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Page creatorLost Student (talk | contribs)
Date of page creation23:36, June 27, 2020
Latest editorLost Student (talk | contribs)
Date of latest edit23:36, June 27, 2020
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Despite § 1983’s “broad terms,” the Supreme Court “has long recognized that” officials sued for monetary relief in their personal capacities may be entitled to assert a common-law defense of absolute or qualified immunity.[1] In general, the Court, applying a “functional approach,” has held that judges, prosecutors, witnesses, and legislators may assert absolute immunity, while executive and administrative officials may assert qualified immunity.[2] Most officials are entitled only to qualified immunity.
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