qualified

qualified

In the United States, qualified immunity is a legal principle of federal constitutional law that grants government officials performing discretionary (optional) functions immunity from lawsuits for damages unless the plaintiff shows that the official violated "clearly established statutory or constitutional rights of which a reasonable person would have known". It is comparable to sovereign immunity, though it protects government employees rather than the government itself. It is less strict than absolute immunity, which protects officials who "make reasonable but mistaken judgments about open legal questions", extending to "all [officials] but the plainly incompetent or those who knowingly violate the law". Qualified immunity applies only to government officials in civil litigation, and does not protect the government itself from suits arising from officials' actions.
The U.S. Supreme Court first introduced the qualified immunity doctrine in Pierson v. Ray (1967), a case litigated during the height of the civil rights movement. It is stated to have been originally introduced with the rationale of protecting law enforcement officials from frivolous lawsuits and financial liability in cases where they acted in good faith in unclear legal situations. Starting around 2005, courts increasingly applied the doctrine to cases involving the use of excessive or deadly force by police, leading to widespread criticism that it "has become a nearly failsafe tool to let police brutality go unpunished and deny victims their constitutional rights" (as summarized in a 2020 Reuters report).

View More On Wikipedia.org

OFFICIAL SPONSORS

Electrical Goods - Electrical Tools - Brand Names Electrician Courses Green Electrical Goods PCB Way Electrical Goods - Electrical Tools - Brand Names Pushfit Wire Connectors Electric Underfloor Heating Electrician Courses
These Official Forum Sponsors May Provide Discounts to Regular Forum Members - If you would like to sponsor us then CLICK HERE and post a thread with who you are, and we'll send you some stats etc

YOUR Unread Posts

This website was designed, optimised and is hosted by untold.media Operating under the name Untold Media since 2001.
Back
Top