Government officials shielded from liability unless conduct violates clearly established constitutional rights. Two-part test (Harlow): (1) constitutional violation? (2) right clearly established? Available only for individual capacity suits.
Related terms
Governmental Immunity (Sovereign Immunity) — FTCA waives federal sovereign immunity for tort claims, with exceptions. Key exceptions: (1) discretionary function exception (policy decisions…
Intrafamily Immunity — Interspousal immunity: largely abolished. Parent-child: partially abolished — most states allow suits for intentional torts, motor vehicle accidents.…
Negligence — A tort based on the defendant's failure to exercise reasonable care, resulting in harm to the plaintiff. Negligence…
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1 worked example, 2 exceptions, landmark cases, flashcards, issue spotting and the interactive mind map for Qualified Immunity (Government Employees) are available with a free account.