Legal Opinion · Concurring in part, dissenting in part
Tony Jeffers v. Debbie Heavrin
Court of Appeals for the Sixth Circuit
Decided November 23, 1993No. 92-6453Published
1Concurring in part, dissenting in partKeith, Circuit Judge
Because I disagree with the majority’s finding of qualified immunity for defendant, I must dissent from Part I of the Court’s opinion.
Government officials performing discretionary functions have qualified immunity shielding them from civil liability if their actions do not violate clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982). In other words, qualified immunity is available if a reasonable police officer could have believed that her conduct was lawful,…
2Cases cited7 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Illinois v. GatesSupreme Court of the United States · 1983
- Anderson v. CreightonSupreme Court of the United States · 1987
- Malley v. BriggsSupreme Court of the United States · 1986
- Fuller v. M.G. JewelryCourt of Appeals for the Ninth Circuit · 1991
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