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Qualified immunity (view source)

Revision as of 18:55, January 13, 2008

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Qualified or "good faith" immunity is an affirmative defense against a lawsuit that must be asserted (pled) by a defendant government official. ''Gomez v. Toledo'', 446 U.S. 635 (1980).
 
Qualified or "good faith" immunity is an affirmative defense against a lawsuit that must be asserted (pled) by a defendant government official. ''Gomez v. Toledo'', 446 U.S. 635 (1980).
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The [[U.S. Supreme]] established that the "good faith" defense has both an "objective" and a "subjective" aspect.  
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The [[U.S. Supreme Court]] established that the "good faith" defense has both an "objective" and a "subjective" aspect.  
    
The objective element involves a presumptive knowledge of and respect for "basic, unquestioned constitutional rights."  ''Wood v. Strickland'', 420 U.S. 308, 322 (1975).   
 
The objective element involves a presumptive knowledge of and respect for "basic, unquestioned constitutional rights."  ''Wood v. Strickland'', 420 U.S. 308, 322 (1975).   
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