Qualified Immunity: The Messerschmidt V. Millender Case

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Unit 6 DB 2
Qualified Immunity

The Messerschmidt v. Millender (2012) case was very interesting, because it discussed qualified immunity, and if certain government officials are protected under this doctrine from legal responsibility for “civil damages insofar as their conduct does not violate obviously established” (“Messerschmidt v. Millender”, 2012, p. 8), constitutional or statutory rights of which a reasonable person would have known. So, what is qualified immunity? This learner believes that it is about an government officer or agency is being litigated in federal court for civil rights damages that are “based on alleged violations of the plaintiff 's Fourth Amendment rights, you 're entitled to "qualified immunity" from suit if your
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Creighton (1987). In Anderson v. Creighton, 483 U. S. 635, 639 (1987) which mention that an official who is sheltered by qualified immunity doctrine, might be held personally or legally responsible for supposedly unlawful official action that can generally turns on the objective legal reasonableness of the action, that was assessed in light of the legal rules that were obviously established at the time it was …show more content…
v. Callahan (2009), where Pearson’s conviction was overturned by the Utah Court of Appeals for distribution and possession of drugs, which he sold to an undercover informant in his house, he brought a §1983 allegation asserting that his Fourth Amendment rights were violated by supervising officers of the informant. Therefore, since the officers did not have a search warrant, and was admitted freely into Pearson’s home, the federal district court allowed the officer qualified immunity under the consent-once-removed doctrine. This doctrine allows government officials a warrantless entry into a person’s home after consent to enter has been granted. Thereby, they concluded that the undercover officer was entitled to qualified immunity, since they believed that this type of doctrine approved their

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