Timeline for Immunity for government officials
Current License: CC BY-SA 4.0
16 events
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| Feb 11, 2021 at 21:37 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Feb 11, 2021 at 21:29 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Feb 11, 2021 at 21:18 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Feb 11, 2021 at 21:05 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Feb 11, 2021 at 20:59 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Feb 11, 2021 at 20:53 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Feb 11, 2021 at 20:49 | comment | added | ohwilleke | The statute refers to "the deprivation of any rights, privileges, or immunities secured by the Constitution and laws" and my understanding, although I haven't researched it, is that both have to be implicated, but more importantly it applies to circumstances "under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia" which is not present in this case. law.cornell.edu/uscode/text/42/1983 | |
| Feb 11, 2021 at 20:47 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Feb 11, 2021 at 20:47 | comment | added | David Siegel | I believe that sec 1983 applies to violation of statutory as well as constitutional rights. I think QI could also apply to, say, a false arrest or false imprisonment action as well as to a sec 1983 action. Am i mistaken? | |
| Feb 11, 2021 at 20:41 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Feb 11, 2021 at 20:38 | comment | added | ohwilleke | @DavidSiegel Qualified immunity might apply to 18 USC § 242 (the criminal version of § 1983) or possible other statutes punishing violations of constitutional rights. But the very nature of the doctrine concerns when a violation of a constitutional right is actionable (i.e. when it is clearly established) which would not be applicable here since a violation of constitutional rights can't reasonably be alleged under the facts. | |
| Feb 11, 2021 at 20:35 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Feb 11, 2021 at 20:34 | comment | added | David Siegel | My understanding is that qualified immunity is not limited to sec 1983 suits, although it is most often applied in that context. | |
| Feb 11, 2021 at 20:34 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Feb 11, 2021 at 20:27 | history | edited | ohwilleke | CC BY-SA 4.0 |
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| Feb 11, 2021 at 20:18 | history | answered | ohwilleke | CC BY-SA 4.0 |