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The Fall And Rise Of Qualified Immunity: From Hope To Harris, Mark R. Brown
The Fall And Rise Of Qualified Immunity: From Hope To Harris, Mark R. Brown
Mark R. Brown
THE FALL AND RISE OF QUALIFIED IMMUNITY:
FROM HOPE TO HARRIS
Abstract
In Mitchell v. Forsyth (1985) the Court ruled that interlocutory appeals can be taken by government officials from denials of motions for summary judgment based on qualified immunity. Johnson v. Jones (1995) ruled that these interlocutory appeals are limited to legal questions, not matters of fact. This limited the effect of its holding in Anderson v. Creighton (1987) that some measure of factual similarity between prior reported cases and governmental wrongdoing is necessary to overcome qualified immunity. Hope v. Pelzer (2002) further cabined Anderson by rejecting the Eleventh …
The Fall And Rise Of Qualified Immunity: From Hope To Harris, Mark R. Brown
The Fall And Rise Of Qualified Immunity: From Hope To Harris, Mark R. Brown
Mark R. Brown
THE FALL AND RISE OF QUALIFIED IMMUNITY: FROM HOPE TO HARRIS Abstract
In Mitchell v. Forsyth (1985) the Court ruled that interlocutory appeals can be taken by government officials from denials of motions for summary judgment based on qualified immunity. Johnson v. Jones (1995) ruled that these interlocutory appeals are limited to legal questions, not matters of fact. This limited the effect of its holding in Anderson v. Creighton (1987) that some measure of factual similarity between prior reported cases and governmental wrongdoing is necessary to overcome qualified immunity. Hope v. Pelzer (2002) further cabined Anderson by rejecting the Eleventh …