Section 1983 - Qualified Immunity

[johndavis_2]

What is the name of your state (only U.S. law)? Texas

I am a correctional officer in Texas. I have a question regarding Qualified immunity to an action brought under the Section 1983 [42 USC Section 1983]:

I know that I as a state public servant can have a Section 1983 suit brought against me. My question is: what would have to happen for me to not have qualified immunity. I think that the reasonable person doctrine is applied as a test for the immunity? what exactly is the "reasonable person doctrine "

 

[quincy]

In order to lose qualified immunity, your conduct would need to violate constitutional or statutory rights. And, if that were the case, you would lose your immunity from civil liability.

If you acted in such a way that it brought into question a loss of your immunity from prosecution, you would need to show that your actions were that of a reasonable person.

A reasonable person is a fictional character, or hypothetical person, used as a legal standard of comparison. Would a "reasonable person," one with ordinary prudence and sensibilities, given the same knowledge and the same facts and acting under the same circumstances as the person in question, have thought and behaved the same way?

To prevent civil liability, it must be shown that you acted with the same standard of care that a reasonable person in the same circumstances would have acted, given the same knowledge of the situation that you had at the time.

Is that an adequate answer?

 

[johndavis_2]

Thanks man, that helped answer my question.