Qualified Immunity in the Eleventh Circuit After Hope v.….pdfVIP

Campbell University School of Law Scholarly Repository @ Campbell University School of Law Schol rly Works F culty Schol rship 10-2003 Qualified Immunity in the Eleventh Circuit A er Hope v. Pelzer Michael B. Kent Jr. Camp bell University Sc hool of Law, mkent@c Follow this nd dditional works t : http://schol rship.l w.c /f c_sw Recommended Cit tion Mich el B. Kent Jr., Qualifie d Immunity i n the Eleventh Circuit After Hop e v. Pelzer, 9 G . B.J . 22 (2003). Avail ble t : http://schol rship.l w.c /f c_sw/85 This Article is brought to you for free nd open ccess by the F culty Schol rship t Schol rly Repository @ C mpbell University School of L w. It has been ccepted for inclusion in Schol rly Works by n uthorized dministr tor of Schol rly Repository @ C mpbell University School of L w. Qualified Immunity in the Eleventh Circuit By Michael B. Kent Jr. After Hope v. Pelzer he defense of qualified immunity protects government officials performing discretionary functions from liabili- Tty, trial, and other burdens of civil litigation (such as dis- covery), as long as their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.”1 This defense, which ultimately derives from the com- 2 mon law immunity enjoyed by judicial officers , plays