Section 3604

Citation: Section 3604
Parent Document: Gonzalez v. Lee County Housing Authority, 161 F.3d 1290 (1998)
Jurisdiction: United States (federal)
Effective Date: 1998-12-02
Original Source: https://www.courtlistener.com/opinion/73387/gonzalez-v-lee-county-housing-authority/ ↗

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In resolving this question, we rely on the Supreme Court’s qualified immunity jurisprudence relating to 42 U.S.C. § 1983.29 In Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974), the Supreme Court held that state executive-branch officials may assert a qualified immunity defense when sued in their individual capacities under section 1983 for deprivations of federal rights under color of state law. See id. at 247, 94 S.Ct. at 1692 (stating that “in varying scope, a qualified immunity is available to officers of the executive branch of government----”). The Scheuer Court reasoned that executive officials under common law enjoyed a qualified immunity from civil damage actions and that Congress did not intend to abolish this immunity when it enacted section 1 of the Civil Rights Act of 1871, 17 Stat. 13, now codified at 42 U.S.C. § 1983. See 416 U.S. at 239-48, 94 S.Ct. at 1688-92. The Court also relied on the importance of according immunity to executive officials’ actions. See id. at 245-47, 94 S.Ct. at 1691-92.30

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