Wednesday, June 24, 2020

The foundation of qualified immunity: Harlow v. Fitzgerald

For more on the 1982 Supreme Court case: 

- Wikipedia.

In an 8 to 1 decision, the court held that government officials other than the president were generally entitled to qualified immunity. An official can obtain absolute immunity, but must "first show that the responsibilities of his office embraced a function so sensitive as to require a total shield from liability. He must then demonstrate that he was discharging the protected function when performing the act for which liability is asserted."

Despite its immediate application to White House aides in the case at bar, the case is regarded as most important for its revision of the qualified immunity standard that is applicable to government actors more generally. The Court held that "government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known."