Characteristically the Court has defined these elements by identifying the circumstances in which qualified immunity would not be available. Referring both to the objective and subjective elements, we have held that qualified immunity would be defeated if an official “knew or reasonably should have known that the action he took within his sphere of official responsibility would violate the constitutional rights of the [plaintiff], or if he took the action with the malicious intention to cause a deprivation of constitutional rights or other injury . . . .” https://www.courtlistener.com/opinion/110763/harlow-v-fitzgerald/

In this interlocutory appeal, the defendant police officers challenge an order of the district court denying them qualified immunity on Glik's constitutional claims. We conclude, based on the facts alleged, that Glik was exercising clearly-established First Amendment rights in filming the officers in a public space, and that his clearly-established Fourth Amendment rights were violated by his arrest without probable cause. We therefore affirm. https://www.courtlistener.com/opinion/612667/glik-v-cunniffe/

The procedural difference between the absolute and the qualified immunities is important. An absolute immunity defeats a suit at the outset, so long as the official's actions were within the scope of the immunity. The fate of an official with qualified immunity depends upon the circumstances and motivations of his actions, as established by the evidence at trial. See Scheuer v. Rhodes, 416 U. S. 232, 238-239 (1974); Wood v. Strickland, 420 U. S. 308, 320-322 (1975). [14] The elements of this immunity were described in Scheuer as follows: "It is the existence of reasonable grounds for the belief formed at the time and in light of all the circumstances, coupled with good faith belief, that affords a basis for qualified immunity of executive officers for acts performed in the course of official conduct." 416 U. S., at 247-248. Imbler v. Pachtman, 424 U.S. 409

This website lists all 50 states statute of limitations. Civil rights actions fall under personal injury statutes. KNOW YOUR STATES STATUTE OF LIMITATIONS! https://www.mwl-law.com/resources/statute-limitations-50-states/

Understanding the Theory of Indemnity The theory of indemnity means that if someone causes you harm (physically, financially, or otherwise), you may have the right to compensation. To pursue compensation, you must prove that the other party had a legal duty, violated that duty, and caused you harm or loss. This sets the foundation for your case. Filing the Complaint - What it is: A complaint is a legal document that explains what the other person or company (the "defendant") did wrong, how it harmed you, and what you are asking the court to do (usually money or some specific action). - How to file: Write the complaint, including: Your name and contact information. A clear statement of facts explaining what happened. The legal reasons you believe the defendant owes you something. The specific relief you are asking for (e.g., money or an injunction). File it with the clerk of the court in the appropriate jurisdiction (where the event happened or where the defendant lives). - Pay the filing fee, or apply for a waiver if you cannot afford it. Serving Notice to the Defendant - Notice and Opportunity: After filing the complaint, you must formally notify the defendant. This is called "service of process." - How to serve: Deliver a copy of the complaint and a court summons to the defendant.Service can be done by a sheriff, professional process server, or, in some cases, by certified mail.Keep proof of service (e.g., a signed receipt or affidavit) and file it with the court. The Defendant’s First Appearance - The defendant is required to respond to the complaint, usually within 20-30 days. - This response might involve: The Answer - The defendant’s answer is their official response to the allegations in the complaint. - In the answer, they can: - If the defendant believes they have claims against you, they might file a counterclaim. Defaults - If the defendant fails to respond you can request a default judgment from the court. - The court may award you the relief requested in your complaint without a trial.