Note:
A. Allise Burris, Qualifying Immunity in Section 1983 &
Bivens Actions, 71 TEXAS L. REV. 123 (1992).
Abstract:
This note surveys immunity jurisprudence in Section 1983 and
Bivens actions and finds the current approach lacking. Not only
has the “piecemeal approach” now utilized created
inconsistencies, but even those government actors not granted
absolute immunity often escape liability under the barriers of
qualified immunity, despite “deplorable violations” of
plaintiffs’ civil rights. The author proposes, in the Note’s
penultimate Part, a statutory approach to revamp state and
federal immunities.