2 ms·
> There is a lot of grey area in qualified immunity Nope, not really. > Government actions are protected so long as they are legal. If someone orders an illeg
by torstenvl 6y ago
> There is a lot of grey area in qualified immunity
Nope, not really.
> Government actions are protected so long as they are legal. If someone orders an illegal action, they are no longer protected by being government agents because they weren't lawfully acting in their capacities as one
This is not correct. It is not enough for there to be "an illegal action," the action has to have been in violation of clearly established law.
Please stop spreading misinformation in this thread. Having strong feelings on a legal topic does not make you a lawyer.
- JumpCrisscross 6y ago> Nope, not really Within the context of a political discussion among laymen, yes. The relevant case law stretches over decades and jurisdictions. That said, one person's grey is another's black and white. > This is not correct It's not phrased legally precisely. But unless I missed something recently, the clearly established law requirement set by Harlow still holds. Disclosure: I am not a lawyer. I have worked on rule making and legislation in this domain.