Dec '24 • Court Rules
Harlow v Fitzgerald - Qualified Immunity - 2 Prong Test
Characteristically the Court has defined these elements by identifying the circumstances in which qualified immunity would not be available. Referring both to the objective and subjective elements, we have held that qualified immunity would be defeated if an official “knew or reasonably should have known that the action he took within his sphere of official responsibility would violate the constitutional rights of the [plaintiff], or if he took the action with the malicious intention to cause a deprivation of constitutional rights or other injury . . . .”
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Harlow v Fitzgerald - Qualified Immunity - 2 Prong Test
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