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Question
question 2 (1 point)
in a 42 usc 1983 action against a law enforcement officer, the \good faith\ defense:
can be used by the individual police officer defendant and also his law
enforcement employer agency (if that agency is also sued in the 1983 action)
cannot be used if the defendant officer violated a clearly established statutory or
constitutional right and the right is one of which a reasonable person would
have known
cannot be used in defense of 1983 actions
none of the above
The qualified immunity (good faith defense) for 42 USC 1983 claims applies to individual law enforcement officers, not governmental agencies. A key element of the defense is that it fails if the officer violated a clearly established statutory or constitutional right that a reasonable person would have known.
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cannot be used if the defendant officer violated a clearly established statutory or constitutional right and the right is one of which a reasonable person would have known