Government officials may avail themselves of the qualified immunity defense in constitutional tort actions. The doctrine of qualified immunity evolved to protect the discretionary actions of government officials unless their conduct violates an individuals clearly established constitutional rights. In Hope v. Pelzer, the United States Supreme Court refined the standard of qualified immunity, holding that prison guards were not immune from liability because they should have known that their conduct was unconstitutional under the precedent cases and state regulations. . . .
Constitutional Law—Clarifying the Standard of Qualified Immunity in an Eighth Amendment Case—Hope v. Pelzer, 536 U.S. 730 (2002)
Mar 28, 2004 | Case Comments, Number 2, Print Edition, Volume 37