Innovations in the Defense of Official Immunity Under Section 1983
Casto, William R.
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This article studies the concept of immunity as it relates to section 1983 claims. The article begins with an explanation of the various forms of immunity that affect section 1983 claims. The author provides the Supreme Court’s historical development of official immunity through a discussion of numerous cases. The author then provides a detailed analysis of qualified immunity and absolute immunity. In this analysis, the author evaluates the judiciary’s reasoning behind providing some actions absolute immunity while giving other actions only qualified immunity status. The author follows this discussion with a critique of the official immunity rule and whether this rule can be improved upon. The article includes a brief discussion of the liability of government employers before concluding.