That, in and-of-itself, should be enough to encourage Americans to DEMAND " qualified immunity ".
32.
In its two to one decision, the appellate court found in favor of Deputy Rackard, upholding his qualified immunity.
33.
The source of the First Circuit's confusion was its mistaken conception of the scope of protection afforded by qualified immunity.
34.
Qualified immunity generally protects government workers from lawsuits for performing their official duties unless they knowingly violate someone's civil rights.
35.
The appeals court only ruled that the guards were not entitled, in theory, to even raise the question of qualified immunity.
36.
In practical terms, qualified immunity is a powerful shield that makes it extremely hard to win a suit against a protected official.
37.
Police have qualified immunity, though not when it can be proven they deliberately did something wrong, such as conceal exculpatory evidence.
38.
The officer's qualified immunity was denied by the court, and this decision was upheld in the US Court of Appeals.
39.
The tactics Reichert used in Huff s case are fairly common, so Huff surviving qualified immunity was far from a sure thing.
40.
Accordingly, we will affirm the District Court's determination that the officers are not entitled to qualified immunity . ""
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