The defense protects officials performing discretionary functions unless the conduct violated a clearly established constitutional right of which a reasonable person would have known. Courts may address either prong first under Pearson.
Denial is immediately appealable.
Alternative Names:
Qualified Immunity Defense|QI
Why it Matters?
Immediate appealability of denial is a substantial procedural advantage, since a defendant may take an interlocutory appeal rather than proceeding to trial, which both delays the case and provides a second opportunity for dismissal. Raising the defense at the pleading stage preserves that. The clearly established prong resolves most cases, since factually similar precedent is required and generalized rights statements do not suffice.
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Frequently asked questions
Why is immediate appealability significant?
Which prong resolves most cases?
