The Sanders Firm, P.C.: Qualified Immunity Defense
In New York City, The Sanders Firm, P.C. offers information on defenses, including qualified immunity. On this page, discover how someone who has qualified immunity may affect your attempt to bring a civil rights lawsuit. Although not as far reaching as absolute immunity, qualified immunity does afford protections to government officials.
Objective Reasonable Action
The test regarding a government agent’s viable use of qualified immunity is objective reasonableness in terms of their action. The question is, if a reasonable person in the government employee’s position would have known that their actions violated a clearly defined and established law. If the answer is “yes,” then immunity does not apply to the situation.
In Harlow v. Fitzgerald, 457 U.S. 800 (1982), the Supreme Court noted that the protection offered by qualified immunity to those working in the government is designed for situations “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”
Call The Sanders Firm, P.C.
If you think you have a civil rights case against someone who has qualified immunity, call New York City’s The Sanders Firm, P.C. We will review your case with you, discuss possible options, and work with you every step of the way. After meeting with you, we may discover that you do have a viable lawsuit. Of course, if we feel you do not have a case, we will advise you regarding this. We will provide you with information regarding any options connected to your situation. The Sanders Firm, P.C. is ready to work with you and be your voice for justice.