Note:
Mitchell Green, Qualified Immunity For Public Officials Under Section 1983 in the Fifth Circuit, 60 TEXAS L. REV. 127 (1981).
 

Abstract:
This Note examines the shifting burden of proof and the varying standard of reasonableness to determine whether the benefits sought from these varying standards outweigh the accompanying prejudice to civil rights plaintiffs. The Note posits that the Fifth Circuit’s treatment of this issue is unnecessary as existing Supreme Court standards for qualified immunity are successful in achieving the results that the Fifth Circuit sought to achieve. In addition, it outlines the principles behind Section 1983 and traces the history of the qualified immunity doctrine in the Fifth Circuit. The Note concludes by urging the Fifth Circuit to abandon its unusual treatment of high-level officials.