Qualified Immunity Flashcards
How is one entitled to qualified immunity?
In order to be entitled to qualified immunity the defendant must first establish that he was acting within his discretionary authority in performing a contested act before ‘the burden shifts to the plaintiff to show that qualified immunity is not appropriate.’ Lee v. Ferraro, 284 F.3d 1188, 1194 (11th Cir. 2002).
What must the plaintiff prove to show that qualified immunity is not appropriate?
The plaintiff must prove that (1) the government official violated his or her constitutional or statutory rights and (2) that those rights were clearly established at the time the official acted. Rushing v. Parker, 599 F.3d 1263, 1266 (11th Cir. 2010).
Is there a reasonable standard for the qualified immunity analysis?
Qualified immunity turns on whether his conduct was objectively reasonable in light of the facts and circumstances confronting him. Graham v. Connor, 490 U.S. 386, 396 (1989).
What is arguable probable cause?
Arguable probable cause exists when reasonable officers in the same circumstances and possessing the same knowledge as the defendant could have believed that probable cause existed
