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Martin A. Schwartz, a law professor at Touro College-Jacob D. Fuchsberg Law Center, reviews a recent U.S. Supreme Court decision that gave courts in §1983 cases where qualified immunity is being asserted as a defense discretion to first decide whether the complaint asserts a violation of a federally protected right, or to proceed directly to the qualified immunity issue of whether the defendant violated clearly established federal law. Counsel for the parties may now choose to convince the court as to how it should exercise its discretion over whether to follow the two-step approach, generally favored by plaintiffs, or bypass the first step, which defendants may prefer.
April 21, 2009 at 12:00 AM
1 minute read
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