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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... "
Report of the Committee on the Judiciary, House of Representatives ... - Stran 161
1982
Celotni ogled - O knjigi

Report of the Committee on the Judiciary, House of Representatives, Ninety ...

1983 - 746 strani
...faith immunity from suit. With respect to the application of this qualified immunity, the court ruled that "government officials performing discretionary...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...
Celotni ogled - O knjigi

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 - 193 strani
..."I02 S. Cl. 2727. 2736-39 t I982I. Defining "jqjualified or -food faith' immunity." the Court held that "government officials performing discretionary...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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Comprehensive Crime Control Act of 1983: Hearings Before the Subcommittee on ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Law - 1984 - 1162 strani
...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 ..., Količina 4

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Juvenile Justice - 1984 - 255 strani
...— 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 ..., Količina 458

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1985
...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 - 522 strani
...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 - 522 strani
...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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Federal Trade Commission: Law, Practice and Procedure

Peter C. Ward - 2020 - 848 strani
...or a court. Qualified immunity will be granted to administrative or investigative functions when the "conduct does not violate clearly established statutory...constitutional rights of which a reasonable person would have known."7 (Text continued on page 2-15) 5 See FTC Standards of Conduct, 16 CFR § 5.51 regarding FTC...
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Issues Arising in Connection with NARS V. Turnage: Joint Hearing Before the ...

United States. Congress. House. Committee on Veterans' Affairs - 1988 - 424 strani
...managers should be aware that they may be individually liable in tort if they are found to have violated clearly established statutory or constitutional rights of which a reasonable person would have known. (Administrative Procedure Act by analogy.) A. Need For Enforcement of Safeguards - Coordination The...
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The Constitutional Rights of Women: Cases in Law and Social Change

Leslie Friedman Goldstein - 1988 - 637 strani
...personal liability. The standard of such liability is whether the conduct of the official "violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known". Harlow v. Fitzgerald, US , (1982). The Court today leaves in doubt the reach of its decision. CASE...
Omejen predogled - O knjigi




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