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" We therefore hold 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... "
United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ... - Page 355
by United States. Supreme Court - 1990
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Report of the Committee on the Judiciary, House of Representatives ...

1983 - 878 pages
...According to the Congressional defendants, the standard set by the Court in the Harlow case was that: . . . government officials performing discretionary functions...generally are shielded from liability for civil damages 1 For a discussion of the Harlow case and a copy of the opinion see page 689 of Court Proceedings and...
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Title XIII of S. 829--to Amend the Federal Tort Claims Act: Hearing Before ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure - 1983 - 208 pages
...S. Cl. 2727. 2736-39 t I982I. Defining "jqjualified or -food faith' immunity." the Court held that "government officials performing discretionary functions...rights of which a reasonable person would have known.' Id. at 2738. This "|r)eliancc on the objective reasonableness of an official's conduct. as measured...
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Report of the Committee on the Judiciary, House of Representatives, Ninety ...

1983 - 782 pages
...immunity from suit. With respect to the application of this qualified immunity, the court ruled that "government officials performing discretionary functions...rights of which a reasonable person would have known." In determining that Presidential aides are not as a rule entitled to absolute immunity, the Court distinguished...
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Title XIII of S. 829--to Amend the Federal Tort Claims Act: Hearing Before ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure - 1983 - 216 pages
...defendant-employees against an objective standard of reasonableness. There is no liability if the employee's "conduct does not violate clearly established statutory...rights of which a reasonable person would have known." That is a quotation from Hurlow v. Fitzgeruld, 50 USLW 4815, 4820 (6/24/82). I see no valid reason...
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Comprehensive Crime Control Act of 1983: Hearings Before the Subcommittee on ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Law - 1984 - 1194 pages
...conduct not satisfied) ; Holloman v. Commonwealth, 221 Va. 947, 950, 275 SE2d 620, 622 (1981) (accord). from liability for civil damages insofar as their...constitutional rights of which a reasonable person would have known."4* Importantly, the Court in Harlow expressly rejected the civil equivalent of the "premium...
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Crime and Violence in the Schools: Hearing Before the Subcommittee ..., Volume 4

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Juvenile Justice - 1984 - 272 pages
...— and held that government officials performing discretionary functions are shielded from personal liability for civil damages "insofar as their conduct...rights of which a reasonable person would have known." Several questions will now be addressed. 1. "Have these two decisions inhibited or prevented teachers...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 458

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1985 - 1086 pages
...personal liability. The standard of such liability is whether the conduct of the official "violatefs] clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 US 800, 818 (1982). The Court today leaves in doubt the reach of its decision....
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Legal Fees Equity Act: Hearings Before the Subcommittee on the Constitution ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution - 1986 - 546 pages
...official responsibility would violate the constitutional rights of the plaintiff • • •• . "• * [G]overnment officials performing discretionary functions...rights of which a reasonable person would have known . "* * [W]e provide no_ license to lawless conduct." 457 US 800 (1982) . Harlow v Fitzgerald, Finally,...
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Legal Fees Equity Act: Hearings Before the Subcommittee on the Constitution ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution - 1986 - 538 pages
...responsibility would violate the constitutional rights of the plaintiff • • *'. "* * [G] overnment officials performing discretionary functions generally...rights of which a reasonable person would have known. "* * [W]e provide no license to lawless conduct." Harlow v Fitzgerald, 457 US 800 (1982) . Finally,...
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To Modify the Exclusionary Rule: Hearing Before the Committee on the ...

United States. Congress. Senate. Committee on the Judiciary - 1986 - 108 pages
...v. Fitzgerald the standard is the objective reasonableness of the officals conduct. If the officals' conduct does not violate clearly established statutory...rights of which a reasonable person would have known, the offical is shielded from civil damages. Moreover, the proposed amendment does not cure the problem...
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