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Music Stops in Fifth Circuit’s Qualified Immunity ‘Dance,’ Leaving Plaintiffs With Shortened Discovery Period

Loaded on Jan. 1, 2023 by Matthew Clarke published in Prison Legal News January, 2023, page 20
Filed under: Discovery, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Timeliness of Motion. Location: Texas.

by Matt Clarke

On June 17, 2022, the U.S. Court of Appeals for the Fifth Circuit overturned a long line of prior decisions to hold that a ruling on defendants’ qualified immunity (QI) must be made at the first possible opportunity — and before discovery.

The Court’s new direction came ...

 

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