Randy Smith, Sheriff, et al. v. Jerry Rogers, Jr.
SocialSecurity FourthAmendment FirstAmendment CriminalProcedure JusticiabilityDoctri
What does it mean for a statutory or constitutional right to be 'clearly established,' beyond debate for purposes of § 1983 qualified immunity?
QUESTIONS PRESENTED Qualified immunity is a legal doctrine of federal constitutional law that grants government officials performing discretionary functions immunity from lawsuits unless the official violates clearly established statutory or constitutional rights of which a reasonable person would have known. 42 U.S.C. § 1983; see also Harlow v. Fitzgerald, 457 U.S. 800, 102 S. Ct. 2727, 73 L. Ed. 2d 396, 1982 U.S. LEXIS 139, *1. The questions presented are: 1. What does it mean for a _ statutory or constitutional right to be “clearly established,” beyond debate for purposes of § 1983 qualified immunity? 2. When can a government official be held liable for effectuating an arrest made under authority of a properly issued warrant?