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What is ‘immunity’? How does it affect my ability to sue?

Immunity allows certain individuals to be protected from suit. There are two types of immunity: absolute and qualified.

Absolute immunity means that a person cannot be sued for any act done in his or her official capacity, regardless of the person’s intentions. Judges, legislators, and prosecutors carrying out their functions as attorneys generally have absolute immunity.

Qualified immunity offers less protection. In order to successfully sue persons with qualified immunity you will have to prove their conduct violates clearly established rights which a reasonable person would have known about. Police officers generally have qualified immunity.


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