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Re:New Mexico is the second state to ban qualified immunity by torstenvl on Thursday April 08, 2021 @02:26AM (#26735714)
> There is a lot of grey area in qualified immunity

Nope, not really.

> Government actions are protected so long as they are legal. If someone orders an illegal action, they are no longer protected by being government agents because they weren't lawfully acting in their capacities as one

This is not correct. It is not enough for there to be "an illegal action," the action has to have been in violation of clearly established law.

Please stop spreading misinformation in this thread. Having strong feelings on a legal topic does not make you a lawyer.

Re:New Mexico is the second state to ban qualified immunity by JumpCrisscross on Thursday April 08, 2021 @02:30AM (#26735731)
> Nope, not really

Within the context of a political discussion among laymen, yes. The relevant case law stretches over decades and jurisdictions. That said, one person's grey is another's black and white.

> This is not correct

It's not phrased legally precisely. But unless I missed something recently, the clearly established law requirement set by Harlow still holds.

Disclosure: I am not a lawyer. I have worked on rule making and legislation in this domain.