Yes ______ | No __ X __ |
Yes ______ | No __ X __ |
Yes __ X __ | No ______ |
Yes ______ | No __ X __ |
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, ...
*5 Where summary judgment is inappropriate, and the case proceeds to trial, the defense of qualified immunity may be presented to the jury or may be decided by the court in a motion for judgment as a matter of law.
A qualified immunity defense is established if (a) the defendants' action did not violate clearly established law or (b) it was objectively reasonable for the defendant to believe that his action did not violate such law.
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