Dec '24 • Law Skool
Procedural difference between the absolute and the qualified immunity
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
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Procedural difference between the absolute and the qualified immunity
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