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Absolute Immunity
The key to understanding this issue is to realize
that qualified immunity (which is all they really can hope for, in my opinion)
doesn't matter. Qualified immunity does not get the government agency off the
hook for the civil rights violation -- it merely protects the individual's property
and house.
A lot of the myth of immunity arises because
of faulty pleadings and faulty legal advocacy.
Also, the federal 1983 actions are conizable
in state courts which means that each state has different caselaw on the scope
and nature of the law in
that state. Conceivably there could be 50 different caselaw holdings plus one
for each of the federal circuits.
