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Information for "Section 1983 Litigation/Personal Liability: Qualified Immunity"

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Display titleSection 1983 Litigation/Personal Liability: Qualified Immunity
Default sort keySection 1983 Litigation/Personal Liability: Qualified Immunity
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Page ID21075
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Page creatorLost Student (talk | contribs)
Date of page creation23:45, June 27, 2020
Latest editorDeRien (talk | contribs)
Date of latest edit21:52, December 9, 2022
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Qualified immunity may well be the most important issue in § 1983 litigation. It is certainly the most important defense, and is frequently asserted as a defense to § 1983 personal-capacity claims for damages.[1] Furthermore, courts decide a high percentage of § 1983 personal-capacity claims for damages in favor of the defendant on the basis of qualified immunity. The Supreme Court holds that qualified immunity is not just immunity from liability, but also “immunity from suit,” that is, from the burdens of having to defend the litigation.[2]
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