Report

Current Issues in Qualified Immunity for Law Enforcement Officials

 
Title 42 U.S.C. § 1983 states: "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the
District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress."

Title 42 U.S.C. § 1983 was enacted in 1871 as part of what was known as the Ku Klux Klan Act. Title 42 U.S.C. § 1983 was enacted in 1871 as part of what was known as the Ku Klux Klan Act and was designed to provide redress for violations of federally protected rights committed by persons acting under color of law. Developments in the Law: Section 1983 and Federalism, 90 Harv. L. Rev. 1133, 1141-56 (1977). In enacting 42 U.S.C. § 1983, Congress created a federal cause of action for the deprivation of any rights, privileges or immunities secured by the Constitution and laws. Town of Castle Rock v. Gonzales, 545
U.S. 748, 125 S. Ct. 2796, 2810, 162 L. Ed. 2d 658 (2005).

Agenda

The History and Development of the Qualified Immunity Defense
The Interaction Between Qualified and Absolute Immunity
Qualified Immunity and Excessive Force
Qualified Immunity and Illegal Searches
Upcoming Supreme Court Cases Involving Qualified Immunity

Faculty

David W. Lee

David W. Lee

Lee Law Center, P.C.

  • Managing partner of Lee Law Center, P.C.
  • Practices employment and civil rights litigation
  • Wrote, Handbook of Section 1983 Litigation, 2013 Edition, published by Wolters Kluwer
  • Listed in Oklahoma Super Lawyers
  • Previously an adjunct professor for the Oklahoma City University School of Law, and taught courses in disability law, employment law, constitutional civil rights, trial practice and appellate advocacy
  • Can be contacted at [email protected]

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